Who Knew? Council Members Say They Were Not Informed of Discovery Filing in High-Profile Lawsuit Involving Mayor Tony Kennon

Orange Beach City Council Members Jack Robertson, Jeff Silvers, Ginger Harrelson, and Robert Stuart

Several members of the Orange Beach City Council say they were not notified when discovery materials were filed this week in the ongoing federal lawsuit brought by Orange Beach resident and attorney C.C. Dixon-Moreno against the City of Orange Beach.

The responses came after Murder Creek Media contacted council members to ask whether they had been informed of the filing and whether there is a policy or practice governing how elected officials are notified of significant developments in pending litigation involving the City.

Councilman Jeff Silvers indicated that council members would ordinarily be made aware of such developments but said that did not occur in this instance.

"Normally the council would be notified prior to filings but I was not made aware that filings were taking place today," Silvers said.

Councilwoman Ginger Harrelson likewise stated that she had not been notified of the filing and was unaware of any notification being provided to the council as a whole.

"I was not notified that discovery materials had been filed in the Dixon-Moreno litigation, nor am I aware of any notification being provided to the City Council as a whole," Harrelson said.

Harrelson further noted that, as a member of the City's governing body and as an attorney, she would generally expect council members to receive updates regarding significant developments in litigation involving the municipality.

"As a member of the governing body ultimately responsible for the City's finances, oversight, and legal affairs, I believe it is important that council members be kept appropriately informed regarding significant developments in litigation that may have legal, financial, or governance implications for the City," Harrelson said.

"To date, I have not received any notification regarding this filing and do not know what was produced."

Councilman Robert Stuart provided a similar response.

"I wasn't notified," Stuart said.

Councilman Jack Robertson declined to comment.

The lawsuit has attracted significant public attention because it centers on a September 2, 2024 domestic violence incident allegedly involving Mayor Tony Kennon that was captured on Orange Beach Police Department body camera footage at the City's Coastal Resources Building.

According to allegations contained in federal court filings, the body camera footage depicts an interaction involving the mayor. Requests for release of the recording later became the subject of litigation brought by Dixon-Moreno after the City denied access to the footage.

The recording has since become a central issue in ongoing litigation, public debate during the 2025 municipal election, and a recently filed ethics complaint against Kennon.

Earlier last month, Silvers, Harrelson, and Stuart filed a formal complaint with the Alabama Ethics Commission alleging conflicts of interest, improper influence over council decisions, threats directed toward elected officials, and failures related to transparency and disclosure of information.

The ethics complaint alleges that discussions regarding the footage created a conflict between the mayor's personal interests and his responsibilities as a public official.

According to the complaint, Mayor Kennon argued against releasing the recording because he did not want his wife and family to be embarrassed. The complaint further alleges that Kennon later threatened legal action against council members if they voted to authorize release of the footage.

The complaint also raises concerns regarding the flow of information within city government, alleging that council members were not informed about the underlying September 2024 incident when it occurred and questioning whether information related to the matter was properly disclosed to elected officials.

No findings have been issued by the Alabama Ethics Commission regarding the complaint against Kennon, and the filing itself does not constitute proof of wrongdoing.