Cullman County Commission pauses vote to end January emergency declaration, moves into executive session on litigation

The Cullman County Commission met in an emergency session on Feb. 22, 2024, and considered a proclamation to terminate a local emergency declaration drafted in January 2024 but did not vote on that measure after an attorney requested an executive session to discuss pending or threatened litigation.

An attorney who identified themselves as with Parks Law asked the commission to move into executive session "to protect confidential information" and cited Alabama Code 36-25A-783 as the authority for a closed meeting. The attorney estimated the executive session would last about 30 minutes and asked the commission to make a motion to proceed.

A motion to enter executive session was made and approved by roll-call vote. Chairman Clemens, Commissioner Watson, Commissioner Marchman (transcribed elsewhere as "Marksman"), Commissioner Duke and Commissioner Freeman were recorded as voting in the affirmative. The commission recessed and, upon reconvening, the clerk said the body had "heard information from our county attorney" and that no formal actions would be taken during the executive session.

After exiting the executive session on a voice vote, the commission did not take further formal action on the proposed termination of the emergency declaration during that meeting. The clerk announced a commission work session scheduled for Thursday, Feb. 22, 2024, at 4 p.m., and a commission meeting at 6 p.m. the same day, and the meeting was adjourned.

The attorney's remarks included the explicit citation: "The code section applicable is found in Alabama code 36-25A-783. I'm an attorney licensed to Parks Law in Alabama, and the executive session will be to discuss pending or threatened litigation. I respectfully recommend and request a motion for executive session be considered at this time." The transcript records that the attorney estimated the session would be "approximately 30 minutes."