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TALLADEGA

Despite protest, Water Board renews manager contract

By Chris Norwood
10-16-2003

Talladega residents from all areas of town came to the Talladega Water and Sewer Board's monthly meeting Wednesday morning, calling for the termination of board manager George Montgomery and asking questions that they said went largely unanswered.
TALLADEGA — They clapped, they shouted, they asked question after question, but they said they got no real answers.

An overflow crowd packed Wednesday morning's rescheduled meeting of the Talladega Water and Sewer Board, variously calling for the firing of board general manager George Montgomery, the resignation of the current board members and general accountability in the management of the water system. They cited a series of scandals, including the theft of water board funds by an employee and the contamination of a city well kept in service until May as reasons for their ire.

In spite of the protests, the board voted unanimously to renew Montgomery's contract for another year and to retain the current board officers, with one exception. Board member Wayne Miller was appointed board treasurer, replacing former board member John Q. Adams, who resigned Aug. 1.

The first part of Wednesday's meeting was uneventful, with the exception of the renewal of Montgomery's contract. The renewal came as a surprise to those in the audience in light of the discovery that Montgomery had filed with the Retirement Systems of Alabama to begin drawing his pension Nov. 1. It remains unclear if Montgomery is planning to work for two more weeks until that date or if he has abandoned plans to retire altogether. Montgomery has not offered a comment refuting the Nov. 1 retirement date set out in papers he has filed.

Jan Foster, a resident of the Grant Street area, where a well has been known to be contaminated since 1988, later addressed the board. "I have a question of Montgomery. I understand you are planning to retire Nov. 1. Now the board has renewed your contract. After all this community has been through, how do you think it feels for us to sit here and hear this?

"You should not only be terminated as manager, but you should not be able to retire with money you didn't earn. Your job description says you are supposed to be evaluated every six months."

After the completion of the board's regular business, board chairman Wayne Kearley addressed the assembled crowd of "visitors and concerned citizens," saying he appreciated their attendance and offering reassurances that "our system meets all standards and is operating properly. There are no violations for anything at this time."

Addressing the board, Foster continued, "I want to see those evaluations, if they were ever done. And if they were, who did them? You've been in office a long time now.”

"And you fell asleep on your watch," someone in the crowd shouted.

"Nothing has been charged to Montgomery's negligence," Kearley began, before another citizen yelled out, "Who's fault is it, then?"

Kearley responded that "all of that is currently under investigation." The Federal Bureau of Investigation and the Criminal Division of the Environmental Protection Agency are investigating the water board and its operation. "Then why hasn't he been suspended pending the completion of that investigation?" Foster asked.

"I understand your concerns, but the board has no authority to do anything like that," Kearley said.

Another west end resident, Patricia Higgins, then stood up and said, "Then I want to see the whole board resign."

Higgins’ statement was greeted with loud, sustained applause.

Dixie Bonner, who helped organize the citizens group that filed a class action suit against the board, the city of Talladega and the Alabama Department of Environmental Management for the continued operation of the tainted Grant Street well, spoke next.

"Our well water has been poisoned. Money has been stolen on his watch. And now you sit here and insult us with this. (Board member Lawrence) McGraw, you represent the west side on this board. Why do we get no respect?," Bonner said.

"We know he can be suspended, it happens all the time. Montgomery, why did you do it? I have a 6-year-old granddaughter, about the same age as your little girls, Mr. Montgomery. You wouldn't want them to be drinking poisoned water like my babies, would you? My granddaughter gets sick to her stomach every day. Would you want that for your children?" which again was greeted by loud applause.

Joyce Josey addressed the board and Montgomery next, saying, "I retired myself after 41 years as a supervisor. I know I was always told, 'The Buck stops with you.' Well, where does the buck stop here?"

Another citizen complained about discolored water, to which Kearley replied, "We are now in compliance with all ADEM regulations, as I told you all before."

William Josey expressed support for returning control of the board to the city, then Higgins spoke again.

"How can we trust you now? After you have already had to admit that you didn't tell us the truth when you told us our water was safe. You had to send us out a new report with the violation stamped on the back," he said.

"Who is accountable?" someone asked from the back of the room.

"We need to know something as long as this has been going on," another voice said. "Montgomery could tell us something."

"Will Montgomery speak for himself?," Bonner asked. "We want to hear what he has to say."

"We will take all of this under advisement," Kearley replied. "We are doing all we can to operate the system as it should be. Everything else is under investigation, and we won't know anything else until that investigation is done. We can't tell what we don't know."

"Why can't Montgomery speak?" someone asked. "He has a mouth."

Kearley told the crowd that these matters "had been turned over to attorneys," but Virginia Tucker cut him off, saying, "We want to hear from Montgomery."

As Tucker was speaking, some in the crowd began clapping rhythmically and chanting, "Speak Montgomery, speak," for about a full minute.

As he did throughout the public hearing, Montgomery maintained complete silence.

Foster, over the chant, renewed her request for Montgomery's evaluations, asking who did them.

"He is evaluated on a daily basis by the board," Kearley responded.

"A daily basis. Where are those evaluations?" Foster asked. "I'll ask McGraw. Do you know where those evaluations are? Do you know if they were ever even done?"

McGraw said he was not aware of any evaluations on Montgomery.

When the question about Montgomery's retirement was renewed from within the crowd, Kearley said, "That's a personal decision, and his retirement plans have not been confirmed."

Someone else asked McGraw how he slept, and the meeting was then adjourned, but the crowd remained.

"I'm not against retirement, I'm retired myself," Josey said. "But I retired after 41 years doing an honorable job. I wasn't making shady deals to earn my retirement. I want to know, does George's family drink bottled water or tap water?"

Shirley Allen also questioned the role of the Talladega City Council, particularly Dr. Horace Patterson, whose ward includes the area around the Grant Street well. Foster threatened further litigation, saying, "Now it really is personal."

Bonner described Wednesday's meeting as "a call to arms. We are a community. We are their bosses. We will stand up. It is time for us to stand up. He (Montgomery) needs to pay back his $60,000 salary, plus money stolen twice on his watch.

"I hear citizens talk of termination, but I want him to be accountable. We were patient and tolerant when money was being stolen. But now we found out that our water has been poisoned for the last 15 years," she said.

"We want someone to pay our doctor bills for the health problems we have. And this is not just an issue in the black community. This is an issue for the whole city. He's getting paid to do a job he is not doing.

"We didn't get what we came for today," Bonner concluded. "But that's OK. We have this evening, we have tomorrow. We are united, black and white, and God is the source of our strength. God is the only way for us to come together to defeat these demons."

According to Retirement Systems of Alabama Legislative Council Lindy Beal, Montgomery has until Oct. 31 to withdraw his notice of retirement in writing. He may do this either by fax or by mailing written notice postmarked no later that Oct. 31.

Adams resignation

made public

The resignation of John Q. Adams from the Water and Sewer Board has long been rumored, but was not confirmed until Wednesday morning. Adams had been absent from the board's meeting for the past several months.

Even though he resigned some two and a half months ago, Talladega city clerk Sue Horn said the city had received no official notice of vacancy from the board.

Newly elected City Council president William Clark, who like Adams represents Ward 5, said he had gotten a personal phone call from Adams about a week ago, but was unaware of any official notification.

Members of the water board are appointed by the City Council, and although there is no legal requirement to do so, recent tradition has been for each council member to appoint one board member from their ward. Currently, McGraw represents Ward 1 on the board, David McGhee represents Ward 2, Kearley represents Ward 3 and Miller represents Ward 4.

By resolution, any time there is a vacancy on any council-appointed board, it must be advertised and interested, eligible parties must fill out an application form to be reviewed by the council. Since the city has not been officially notified, they have been unable to begin advertising for the position.

During the campaign for municipal elections last year, several candidates suggested a return to the previous custom of appointing at least two councilmen to serve on the board, and restoring the mayor to the part-time position of board superintendent.

"We have not really discussed this as a group," Clark said. "It has been individually discussed, mentioned by several folks, but at this point we just don't know."

The council has also not appointed a liaison to the board. Councilman James Armstrong said Wednesday afternoon that he believed the last council liaison to the board was the late John Hill.

As for maintaining the other board officers until "some legal matters are resolved," the board took an identical course of action last October, in the wake of a ruling by Judge Jerry Fielding, holding that the board was a public entity and subject to the state's Open Records Act. The board then reversed course one month later, and Kearley succeeded McGraw as board chairman.

Also Wednesday, the board:

o Approved invoices and expenditures for the month of September totaling $65,000.

o Heard an update from Montgomery on a Talladega County bridge relocation project on Taylor's Mill Road. Montgomery said the project had not actually gotten under way.

o Heard board assistant superintendent Bill Goheen report on an Alabama Rural Water leak detection program, which began Tuesday night. The program, which uses a sonic detector, will run from 11 p.m. to 3 a.m., when there is less regular activity.

o Approved the holiday schedule for the new fiscal year.

o Approved flu shots for current and retired board employees.

o Heard Montgomery say that plans for an aeration tower to remove volatile organic chemicals from the Grant Street well were still pending ADEM approval in Montgomery.

o Heard an update on a line relocation at a bridge on Eastaboga Road. The project will be paid for with county grant funds.

About Chris Norwood
Chris Norwood is a staff writer for The Daily Home.

Contact Chris Norwood
Phone:
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E-mail:
256 299-2114
256 299-2192
news@dailyhome.com

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