BAY MINETTE, Alabama - The Baldwin County Commission will discuss Tuesday absolvement of criminal and civil liabilityfor installation of listening devices in county buildings, and may authorize funds to defend county staff from personal liability.

The state attorney general’s office issued an opinion that public funds may be used for legal defense of Commissioners and county employees.

Commission actions recommended by staff include:

Civil or criminal investigations regarding investigations related to the installation and use of security cameras at any and all Baldwin County facilities, county courthouses or otherwise. The Commission agrees the actions of the Baldwin County Commissioners and the county employees who have been requested to be interviewed as part of the FBI investigation are being questioned based on actions arising from duties.

While the investigation involves a possible violation of a criminal statue, no Commissioner or county employee has been convicted of any criminal offense. The Commission wants to use county funds to defend Commissioners and county employees based on the risk of future litigation or criminal charges against the county, and the possibility that civil fines and remedies may be available against the county.

In addition, the Commission agrees paying the legal fees would be proper and necessary for “morale” of county employees and for recruitment and retention purposes.

The Commission unanimously agreed earlier to mitigate alleged legal repercussions of eavesdropping devices at the county’s three courthouses by allowing federal authorities full access to video and audio recording and county property in the wake of a perceived scandal involving attorney-client conversations and comments by citizens in range of the devices.

The Federal Bureau of Investigation and U.S. Department of Justice officials also were given a free hand to view, copy or take county property regarding the investigation with the signature of Commission Chairman Bob James.

The Commission on Dec. 6 authorized the adoption of an advisory opinion from the Alabama attorney general related to the pending investigation, federal or otherwise, on the installation and use of security cameras at any and all Baldwin County facilities.

Specifically, the request for the opinion embraced the legal costs of county officers and employees related to the pending investigation and the payment of legal costs during the investigation or resulting litigation.

On Jan. 23, the state Attorney General issued the advisory opinion to the Commission. The staff recommendation authorizes the Commission's ability to pay for the legal defense costs. The county attorney will detail the separate, proposed agenda action Tuesday.

The Commission also will consider any related county employee legal cost.

The federal subpoena ordered recorded data from all county buildings, including probate and revenue commission offices.

County officials are concerned about invasion of privacy and the scope of audio and visual surveillance. Former District Attorney David Whetstone, who is on counsel retainer for Sheriff Huey “Hoss” Mack and Probate Judge Tim Russell, said the devices are approved by the U.S. Justice Department and are part of a purchasing listing approved by that federal agency.

Whetstone said possessing the devices is legal, but placement and use is an issue.

Baldwin County Sheriff Huey “Hoss” Mack, who is in charge of courthouse security, earlier said there are 200 video cameras in the three courthouses and 16 are equipped with listening devices. He said there was no “malicious” intent in activating them and that they are approved by the Justice Department and listed on purchase list for law enforcement use..

District Attorney Hallie Dixon confronted judicial and security officials Oct. 31 when she learned about the audio addition. She contacted the U.S. Attorney General’s office to initiate an investigation.

The lack of specificity from county counsel David Connor leaves open parameters of use and accessibility of recordings by security staff, video and audio capability to isolate specific conversations or zooming in an inappropriate manner and guidelines for usage. It also does not address similar surveillance in other public offices or employee break areas.

The recordings are motion-activated, with a 30-day loop. Conner has released the following incomplete listing of cameras and their function:

• Annex: 4 cameras, one recorded audio.

• Annex II: 5 cameras, no audio.

• Annex VI: Switchroom, one camera, no audio.

• Emergency Operation Center Switchroom: 1 camera, no audio.

• EOC standalone cameras: 2 cameras, no audio or video.

• Bay Minette Probate Office: 17 cameras, no audio.

• Fairhope Probate Office: 12 cameras, no audio.

• Foley Probate Office: 17 cameras, no audio.

• Robertsdale Probate Office: 6 cameras, no audio.

• Fairhope Satellite Commission Office: 1 camera, no audio.

• Fairhope Satellite Revenue Commission Office: 2 cameras, 1 recorded audio.

• Bay Minette Revenue Commission Office: 3 cameras, no audio or video.

• Foley Revenue Commission Office: 1 camera, no audio, no video recording.

• Robertsdale Revenue Commission Office: 1 camera, 1 audio capability, but no audio or video recordings enabled.

• Juvenile Detention Center: 45 cameras, 7 recording audio.

• Wilderness Camp: 93 cameras, 5 recording audio.

• Solid Waste Department, Magnolia Landfill: 6 cameras, no audio.

• Solid Waste Department Bay Minette: 2 cameras, no audio.

• Solid Wast Department, Robertsdale: 1 camera, no audio.

• Solid Waste Department Magnolia Springs Maintenence Department: 4 cameras, no audio.

• McBride Landfill: 4 cameras, no audio.

• Bay Minette Courthouse: 95 cameras, 16 recording audio.

• Foley Satellite Courthouse: 37 cameras, 1 audio.

• Fairhope Satellite Courthouse: 10 cameras, 3 audio recording.

• North Baldwin Utilities: 1 camera, no audio or video recordings.