Dear Baldwin County Neighbors,

Right now, major industrial and commercial developments are being decided behind closed doors—long before the public ever hears about them.

When the Stockton solar farm was brought into our community by the Economic Development Alliance, it was shielded by a Non-Disclosure Agreement (NDA). By the time everyday residents found out, the deal was done. 

This isn't a one-time occurrence; it is a systemic pattern.

NDA-driven development ensures that our county’s business is handled in secret, leaving the residents who actually live, work, and raise families here completely unable to voice their concerns until it is simply too late.

Our local communities belong to us, not to backroom agreements. 

We deserve a transparent government that respects public input before major projects alter our landscape, environment, and property values.

We are taking action. We are petitioning our Baldwin County State Legislative Delegation to sponsor a local bill to bring this issue to a public referendum. We want to put transparency on the ballot and legally guarantee that the public has a seat at the table.

The "meat" of the bill:

SECTION 3: PROHIBITION OF NON-DISCLOSURE AGREEMENTS

1. Prohibition: Except as permitted in Section 4, no County Official, County Employee, or representative of a Public-Private Entity, acting in their official capacity or on behalf of Baldwin County, shall negotiate, execute, sign, or bind the County to any Non-Disclosure Agreement.

2. Public Funds and Economic Development: No agreement concerning economic development incentives, public infrastructure investments, real estate transactions, or vendor procurement involving Baldwin County shall contain any clause that obscures the identities of the parties, the terms of the agreement, or the amount of public resources committed.

3. Prior Agreements: Any NDA or confidentiality clause executed in violation of this Act after its effective date shall be deemed void ab initio (void from the beginning) as a matter of public policy.

4. Existing Agreements: Any Non-Disclosure Agreement or confidentiality clause entered into before the effective date of this Act that would be prohibited if entered into after the effective date shall, from and after the effective date of this Act, be unenforceable by Baldwin County, any County Official or County Employee, or any Public-Private Entity subject to this Act, to the maximum extent permitted by State of Alabama and Federal law. Any remaining provisions of the underlying agreement shall remain in effect unless otherwise unenforceable.

SECTION 4: PERMISSIBLE EXCEPTIONS

Nothing in this Act shall be construed to compel the disclosure of information that is strictly protected from public dissemination by overriding State of Alabama or Federal laws, including:

1. Proprietary trade secrets protected under the Alabama Trade Secrets Act.

2. Personally Identifiable Information (PII) of employees or citizens protected by privacy laws.

3. Active, ongoing criminal investigative files or specific county security blueprints.

4. Information protected by attorney-client privilege during active or pending litigation, as recognized by Alabama law.

SECTION 5: PENALTIES AND REMEDIES

1. Disciplinary Action: Any County Employee who knowingly executes an NDA in violation of this Act shall be subject to disciplinary action, up to and including termination of employment.

2. Withholding of Funds: Any Public-Private Entity that refuses to comply with the transparency requirements of this Act or insists upon an NDA as a condition of partnership shall be ineligible to receive Baldwin County funds, tax abatements, or property transfers.

3. Citizen Enforcement: Any resident or taxpayer of Baldwin County shall have standing to bring a civil action in the Circuit Court of Baldwin County to seek declaratory or injunctive relief to invalidate an NDA executed in violation of this Act.

4. Severability: If any section, subsection, sentence, clause, or provision of this Act is held invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Act shall remain in full force and effect.

Stand with your community. Sign the petition today to demand a vote, demand transparency, and protect Baldwin County’s future.