ELECTRONICALLY FILED 3/11/2014 12:50 PM 66-CV-2014-900028.

00 CIRCUIT COURT OF WILCOX COUNTY, ALABAMA RALPH ERVIN, CLERK

IN THE CIRCUIT COURT OF WILCOX COUNTY ALABAMA IMPACT GROUP OF WILCOX COUNTY, INC., JOHN MATTHEWS, JAMES EMERSON, WAYNE GADDY, et. al., Plaintiffs, v. MICHAEL SAULSBERRY, WILLIAM ALBRITTON, JOHN MOTON, JR., RICKY POWELL, REGINALD SOUTHALL, REGINALD WEATHERLY, each both individually and in his official capacity as Wilcox County Commissioner, and CLARISSA DEAR, both individually and in her official capacity as Wilcox County Commission Administrator, and FICTITIOUS DEFENDANTS A THROUGH H, Defendants.

CASE #

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF 1. This is an action under the Alabama Open Records Act, Ala. Code 36-12-40, to compel the production of certain public records, receipts, accountings, documents, and writings (hereinafter referred to collectively as records) held by the Wilcox County Commission. 2. Wilcox County is one of the poorest counties in the United States of America and is suffering from a financial crisis. 3. In order to better understand this financial crisis, and pursuant to the Alabama Open Records Act, Plaintiffs IMPACT Group of Wilcox County, Inc., John Matthews, James Emerson, Wayne Gaddy, and others, individually and in his/her capacity as members of IMPACT, (hereinafter referred to collectively as IMPACT) requested that Defendants provide copies of public records of Wilcox

County, subject to appropriate redactions consistent with privacy laws. To date, Defendants have refused to release said records. JURISDICTION AND VENUE 4. This is an action arising under Ala. Code 36-12-40. 5. Venue is proper in Wilcox County Circuit Court pursuant to Ala. Code 6-32(b)(3). PARTIES 6. Plaintiff IMPACT is a non-profit corporation organized under the laws of the state of Alabama. IMPACT is an organization that, among other things, provides information to residents and voters of Wilcox County Alabama in order to assist them in making informed choices when exercising their right to vote for and elect local officials. 7. Plaintiffs John Matthews, James Emerson, and Wayne Gaddy are residents of Wilcox County, Alabama and are members of IMPACT. 8. Defendants Michael Saulsberry, William Albritton, John Moton, Jr., Ricky Powell, Reginald Weatherly, and Reginald Southall are the Commissioners for Wilcox County Alabama. Defendant Clarissa Dear is the Wilcox County Commission Administrator. Defendants (hereinafter referred to collectively as the Commission), in their capacity have the possession of and control over the records that Plaintiffs seek. Each Defendant resides in his/her official capacity in Wilcox County. The action this lawsuit seeks to compel will take place in Wilcox County. STATEMENT OF FACTS 9. Pursuant to the Open Records Act, Ala. Code. 36-12-40, IMPACT requested, on numerous occasions, copies of records held by the Commission. Particularly, IMPACT sent requests to the Commission via official Wilcox County Commission request forms, requesting the following records for the time period from January 1, 2011 through the date of the filing of this complaint: 1. All records related to the use of county-owned vehicles by county officials, including, but not limited to miles driven, purpose of travel, gasoline usage, gasoline cost, and all other expenses. 2. All records related to all expenses of each Commissioner paid by the county, including, but not limited to, reimbursement by the county for all county officials use of personal automobile.

3. All records related to the purchase by the county of any and all real property. 4. The official minutes of each and every Commissioners meeting. 5. All records related to any and all conventions, seminars, and any and all other events requiring travel outside of Wilcox County by any county official, including, but not limited to, records of all expenses paid by the county for said event. 10. IMPACT has numerous records of records requests submitted to the Commission dated as early as October 19, 2011, but has either received no response from the Commission, an incomplete response, or a response denying the request. 11. In March, 2014, IMPACT attempted to communicate in person with the Commission at the Commissions regularly scheduled meetings to no avail. 12. IMPACT has a statutory right to the public records it seeks, and there is no legal basis for the Commissions refusal to disclose such records. It is in the public interest of the people of Alabama and of Wilcox County that these public writings be made available to the public. 13. The Open Records Act, Ala. Code. 36-12-40, allows for each person responsible for a violation of said Act to be fined personally up to $1,500.00 for each and every violation. Said Act requires that said penalties must be paid by the individual fined and may not be paid from public funds. WHEREFORE, Plaintiff prays that this Honorable Court grant the following relief: (A) Declare that the Defendants withholding of the requested pubic records is unlawful; (B) Order Defendant to make the requested records promptly available, within three business days, to Plaintiff, subject to appropriate redactions as authorized by federal and state privacy laws; (C) Declare that Alabama citizens will benefit from the disclosure of the requested public records; (D) Award Plaintiff its costs and reasonable attorneys fees; (E) Fine each Defendant responsible for violation of the Open Records Act, Ala. Code. 36-12-40, in an amount of up to $1,500.00 for each and every violation, as allowed under said Act, and

(F) Grant Plaintiff such other relief as the Court deems necessary and just. Respectfully submitted this the 11th day of March, 2014,

Edward F. Tracy (TRA031) Attorney for Plaintiffs Of Counsel: Southern Legal Group, P.C. 5935 County Road 2 Pine Apple, Alabama 36768 telephone 334-787-9119 edward.tracy@southernlegalgroup.com