Three Council Members, One Mayor and Footage the City Won't Release

Early on Labor Day 2024, a 911 call reported a disturbance at the city's Coastal Resources Building. A worker at a nearby bar described seeing a man on a balcony hitting a woman and yelling at her. Officers found Mayor Tony Kennon in an office in the building. (Lagniappe)

Kennon has repeatedly denied hitting his wife that night. He has acknowledged he was in the building. (same story) Lagniappe has reported that the Baldwin County District Attorney and the Alabama Attorney General both previously declined to investigate the incident. (Lagniappe)

The city has not released the bodycam footage. It says it cannot, because of an ongoing investigation. (Gulf Coast Media)

The complaint

Council members Jeff Silvers, Ginger Harrelson and Robert Stuart filed a complaint with the Alabama Ethics Commission in May. According to AL Reporter, it makes these allegations about an April executive session:

• The complaint says Kennon objected to releasing the footage and said he would not allow "his wife and family to be embarrassed."
• The complaint says he threatened to sue council members personally if they released it, and suggested he would work against them in future elections.
• The complaint says he told one council member to "stop playing attorney" and called another a "feeble old man."
• The complaint says city staff knew about the incident within about a day, but police reports given to the council left it out.

These are allegations. The Ethics Commission has not ruled on them.

Kennon's response

Kennon has said his words from executive sessions were taken out of context: "I'm not going to have my words and my statements taken out of context." (Lagniappe) In August he said, "I'm going to respect the [Ethics Commission] process." (Lagniappe)

Where the case stands

• Hearing notice: Lagniappe reported in August that Kennon was served a 45-day notice of a hearing expected at the commission's Oct. 7 meeting, and that he could ask for a 30-day extension, which would likely move it to Dec. 2. (same story)
• Oct. 7: A later Lagniappe headline said Kennon was "removed from Oct. 7 ethics hearing." (Lagniappe) We have not been able to confirm why, or whether a new date is set.
• The clock: The commission has 180 days from a complaint's filing to act, and its director can ask for one 180-day extension. If nothing happens by the deadline, the complaint is dismissed and cannot be refiled on the same facts. (Ethics Commission; Lagniappe, August) Lagniappe reported the original deadline falls in November. Counted from May 1, 180 days ended Oct. 28. Whether the commission extended it has not been reported.
• What could happen: The commission could recommend prosecution or clear Kennon. The district attorney's office said in June it may investigate if the commission recommends it. (Lagniappe, August)

The other fights over the footage

• A federal lawsuit. Orange Beach resident and lawyer C.C. Moreno sued for the footage, police reports and radio transmissions. After a March 31 ruling, four of her seven claims remain; Gulf Coast Media reports they include a free speech claim against Kennon personally. The case was in discovery as of April. (Gulf Coast Media)
• An outside review that stopped. The city paid former Alabama Attorney General investigator Gene Sisson $5,875 to review its investigation of the police response. Council members say the city moved in another direction before he finished. The city attorney says the work is privileged. (Lagniappe)

Questions Orange Beach hasn't answered

• Why was the Oct. 7 hearing called off, and is a new date set?
• Has the Ethics Commission extended its deadline, or has the complaint lapsed?
• Who is paying the mayor's legal costs in the ethics case: the city, its insurer or Kennon?
• What is the "ongoing investigation" the city cites for withholding the footage, who is running it, and when will it end?

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