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Judge Binford Grants Ashford Council Summary Judgment Against mayor

Rickey Stokes

Viewed: 2712

Posted by: RStokes
Date: Dec 06 2017 11:15 AM

ASHFORD:   On July 31, 2017 Ashford Mayor Jonathon Grecu filed a civil action in the Circuit Court of the 20th Judicial District against Ashford Council Members Gary Gibson, Carole Barfield and Denise Herndon.


The action filed alleged that Gibson, Barfield and Herndon passed ordinances in violation of Alabama State Law in regards to the powers and duties of a Municipal Mayor. Grecu alleged that on June 19, 2017 and subsequent meetings the trio adopted ordinances that gave the council the power to determine other offices of the city and the salaries.


Grecu alleged the council wanted to assume control over the appointment and the removal of employees of the City of Ashford.


The defendants, Gibson, Barfield and Herndon argued the Alabama Legislature created a mechanism for the city council t create or appoint persons as municipal officers as these positions may be necessary. They argue in 2001 the Ashford City Council passed ordinances giving the authority to appoint positions. And that in 2017 the council added the positions of Police Chief, Fire Chief Recreation Director and Utilities Superintendent.


Grecu argued against Summary Judgement in that the Ashford City Council did not have the authority to enact such ordinances and does not have the authority to make such appointments. 


20th Judicial Circuit Court Judge Butch Binford ruled in favor of Council Members Gibson, Barfield and Herndon. Judge Binford granted summary judgment in favor of the council and against the Mayor stating that there was no genuine issue as to material fact of law.


Judge Binford's ruling was published on December 1, 2017. The Ashford City Council had a meeting this past Monday night. The Mayor was AWOL ( absent without leave ).


Grecu Order by Rickey Stokes on Scribd



Grecu Complaint by Rickey Stokes on Scribd



Grecu Mot Summary Judgement by Rickey Stokes on Scribd



Grecu Memo Support SJ by Rickey Stokes on Scribd



Grecu Resp SJ by Rickey Stokes on Scribd




Judge Binford Grants Ashford Council Summary Judgment Against mayor

Judge Binford Grants Ashford Council Summary Judgment Against mayor

Troy Cable

Judge Binford Grants Ashford Council Summary Judgment Against mayor

Judge Binford Grants Ashford Council Summary Judgment Against mayor

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