Exhibit E - Affidavit of Gerald Wilkerson

    Exhibit "E" 

  

STATE OF ALABAMA ** 
AFFIDAVIT 
  

CALHOUN COUNTY * * 

Before me, the undersigned authority in and for the State 

of Alabama, personally appeared GERALD WILKERSON who is known by me 

and who is the Chairman of the Calhoun County Commission and who, 

after being duly sworn according to law, deposed and stated as 

follows: 

My name is Gerald Wilkerson. I am a white citizen of 

Calhoun County, Alabama. I am currently serving as Chairman of the 

Calhoun County Commission. 

Since the current Commission was created in 1939, there 

have been two part-time Commissioners and a full-time Chairman. 

All three members of the Commission have been elected county-wide. 

By agreement of the parties, future elections will be by districts. 

The parties have not agreed, however, on whether there will con- 

tinue to be a full-time elected Chairman. 

1 have served as Chairman for the past four years. I will 

not be Chairman when my term expires next January. Thus, I feel 

that I can describe the job without bias because the outcome will 

not affect me personally. 

The Commission meets as a body twice a month. At these 

meetings, funds are appropriated and county policies are set. 

Special meetings may be called as necessary, though this is fairly 

infrequent. With this type of meeting schedule, it is impossible 

for the Commission to collegially implement its policies, enforce 

its budget decision or make timely judgments on whether a given 

action meets the Commission's policy. 

For example, Calhoun County recently constructed a new 

jail. While the Commission itself made the decision to build the 

facility, approved the plans, approved the contracts and 

appropriated the funds, it could not, as a body, directly answer 

the innumerable questions arising during construction. This 

responsibility was delegated to me as Chairman. These daily 

decisions ranged from approving or disapproving the purchase of 

furniture to executing necessary change orders. 

 



  

In addition to the daily problems arising during major 

projects, there are countless questions concerning county admin- 

istration that arise between Commission meetings. Just a partial 

list of what the Chairman does on a daily basis would include 

taking citizens' complaints about roads, drainage and water. He 

meets constantly with other elected county officials about their 

needs for space, personnel and equipment; and, then recommends to 

the Commission a way to apportion the county's finite assets. 

The Chairman is the one who usually serves as liason with 

the legislative delegation on bills affecting county revenue or the 

operation of county offices. He is the chief lobbyist for county 

supported legislation. 

The Chairman is on hand to meet with industrial prospects 

and represents the county in making presentations to them. He 

represents the county on metro-planning agencies in determining the 

transportation needs of the county. 

He does the nonclerical work on the county budget. He 

presents it to the Commission for their consideration and makes any 

adjustments required by the Commission. He then monitors the coun- 

ty's revenues and expenditures on a constant basis. If the need to 

borrow money arises and is authorized by the Commission, it is the 

Chairman who negotiates the sale of county bonds or warrants. 

In litigation, for or against the county, he is the county 

representative. He is the county officer, for example, available 

to testify at condemnation hearings. 

The Chairman coordinates with the county engineer as to 

the priorities of road and bridge work. This function is vital and 

will be even more so under the district election plan. If county 

road and bridge monies are simply divided and spent equally in the 

districts the crucial work will not get done. An officer respon- 

sible for the whole county is willing to allocate the bulk of 

available funds in one district if that is where the need is 

greatest. Officers answerable only in one district tend to want 

their share of funds regardless of the needs of other districts. 

Priority of equipment purchases are made in the same fashion. 

The Chairman is available to meet with state and federal 

highway officials on joint projects. He is liason with the two 

large military complexes in the county, Ft. McClellan and Anniston 

Army Depot. He is the liason with the county's municipalities in 

joint projects. 

Someone representing the Commission needs to be in the 

courthouse on a daily basis simply to know what is going on and to 

 



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recommend action to the Commission. It is necessary that someone 

from the Commission monitor the expenses of various county offices. 

In Alabama, the County Commission has the responsibility for the 

operation of county government, but in fact has only limited abi- 

lity to control the operations of many of its offices. The Tax 

Assessor, Tax Collector, Probate Judge, License Commissioner and 

Sheriff are all separately elected constitutional officers. Their 

expenses must be monitored on a constant basis. Too, their efforts 

must be coordinated for the county to function. The Chairman ser- 

ves as coordinator. 

1 do not think the county can function with a part-time 

County Commission unless there is a full-time Chairman, or some 

executive officer regardless of his title. There are just too many 

things to be done. I think that officer should be elected, not 

appointed. The public perception is that professional managers try 

only to please a majority of the commission or council; they feel 

no particular need to please the general public. 

As noted, many vital functions of county government are 

the responsibility of separately elected officers. The Chairman, 

with a county-wide election mandate of his own, has a difficult 

enough time keeping their efforts coordinated. I doubt a civil 

servant or manager could do it. 

In sum, being the chief executive of the county is a full- 

time job. Being a member of the County Commission is not, and does 

not need to be, a full-time position. Policy and major decisions 

can be made at regular or special meetings. They cannot, however, 

be implemented at such meetings. The county government cannot be 

administered at such meetings. 

The position of Chairman has existed since at least 1939 

when the present system was enacted. The need for a full-time exe- 

cutive has only grown since then. It will continue when the new 

election system is implemented. 

fF SET 
pH % A, 

Gerald Wilkerson 
  

Sworn to and subscribed before me 

y of July, 1986. 

  

MY COMMISSION EXPIRES CT, 4, 1983