CULLMAN, Ala. – The Cullman County Commission, at a press conference on Tuesday morning, announced the courthouse will be closed beginning March 18, 2020. The closure is in response to the COVID-19 outbreak.
The move was met with pushback from Commissioner Garry Marchman who questioned Chairman Kenneth Walker’s authority to make the decision without conducting a full meeting and bringing the action to a vote.
Chairman Walker began the press conference by reading a statement: “We will be closing the courthouse and all county offices to the general public effective March 18 through April 6. (We will) keep the public updated as new information comes through. What this means is that County employees will be working and any business that can be done through email or through the mail would be the best way to get anything done.”
Marchman and Walker then engaged in back and forth debate regarding the procedure.
Marchman: “Are we going to have a meeting to close the courthouse?”
Walker: “We’re having a news conference to close the courthouse.”
Marchman: “We are having a news conference so we’ve already held a meeting to close it?’
Walker: “We don’t have to have one.”
Marchman: “We have to have a meeting to do anything as a commission.”
Walker: “Under a state of emergency I can close this courthouse.”
Marchman: “I don’t think you can. (inaudible) I think you need to get some legal advice.”
County Attorney Chad Floyd entered the room, and after a brief moment at the commission podium, Walker and Floyd left the room. After several minutes of awkward silence, Marchman addressed those still seated in the room.
“I came in this morning to find out that the commission had hired a full-time attorney without consulting me with an email, phone call, text or any other form of communication. Then immediately after that I find out the decision had been made to close the court house, again without consulting me or even asking my opinion,” said Marchman.
“I would like the public to know that I am not against doing everything we can to provide the services that you have elected me to provide. I think that we should be level headed and consider all of our options before we just close the doors and say no public access. There was a meeting yesterday that I was unable to attend because my mother was scheduled for surgery from a fractured hip. I had to call our EMA director to get an update on details of the meeting. I am for doing whatever it takes to be safe, but I feel we need to collect information and seek the wisdom and counsel of everyone involved. I hope that we can keep a focus and cool head during times such as these, when more than ever the people of this county needs confidence that we will make an informed and well thought out decision with good communications between everyone. I know that there are other counties that have closed and I am not against closing. I think closing is probably the right answer. I just think I should have an opportunity to review all the information and make a wise and informed decision. We need to give people confidence in their leadership during this period of uncertainty.”
When Walker returned, he argued that the emergency declaration gave him the authority to close the courthouse but that he would hold an official commission meeting as Marchman had requested.
Marchman then asked, “Is that in the emergency management handbook?”
Cullman EMA Director Phyllis Little then read from the 2019 Code of Alabama she received from an email from the state: “If the governor or the legislature proclaims a state of emergency affecting a political subdivision as set forth in Section 31-9-8, the chair or president of the governing body of the political subdivision may execute a resolution on behalf of the governing body declaring that any of the conditions described in Section 31-9-2a has occurred or is imminently likely to occur.” She then added, “In the declaration, it references Alabama Code 31-9-10 that provides the power and authority of a political subdivision, such as Cullman County, to declare a state of local emergency and waive the procedures and formalities otherwise required by political subdivisions by law including but not limited to:
- Performance of public work and taking whatever prudent action is necessary to insure the health, safety and welfare of the community.
- Entering into contracts
- Incurring obligations
- Employment of temporary workers
- Utilization of volunteer workers
- Rental equipment
- Acquisition and distribution with or without compensation of supplies, materials and facilities
- Appropriation of expenditure of public funds.”
Marchman debated that the Cullman County Commission had the authority and Walker began the emergency meeting.
Walker then addressed the meeting with his original opening statement, adding, “Ladies and gentlemen, times like this is why it was so important to me that we get our reserve for this county up to at least 120 days.”
Marchman then interrupted, “Are we going to vote on this since we are in a meeting? Is this a political stance? I want to make sure. Are we going to vote on it since it’s in a meeting?”
Walker replied, “Yeah, when I get through reading this.”
He then continued, “We need to come together during this time and work as a team. I am proud to be from Cullman because I know how we unite and come together for each of us during times of emergencies.”
Commissioner Kerry Watson and Walker passed the emergency resolution to close the courthouse.
Marchman did not vote, but said after the meeting, “He can’t authorize anything from this commission even through emergencies. He can’t do it and I’m going to show him he can’t.”
Walker also made several announcements regarding changes in procedures in dealing with the COVID-19 outbreak.
- Commission on Aging- All full-time centers will be closed for 30 days. Homebound meals will be delivered and other meals will need to be picked up at the senior centers. The Commission on Aging office will remain open
- The Revenue Commission office will waive all credit card and mail fees for online transactions.
- Cullman County parks will be open, but all scheduled events have been canceled.
- If testing becomes available, the Cullman County Agricultural Trade Center has been approved as a potential drive-thru testing site.
- The Sanitation Department will run on schedule with the office closed to the general public.
- The Water Department will be working but closed to the public.
- The Road Department will be working.
- CARTS will be transporting oncology and dialysis patients with no more than two passengers to a bus at any time.
Walker added, “If you are sick, please stay home. Limit your time out and stay home unless it’s absolutely necessary.”
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