Kenneth Nail accepts plea agreement, resigns as Hanceville mayor

Published 12:28 pm Tuesday, December 19, 2023

Kenneth Nail served his last day as Hanceville’s longtime elected leader Tuesday, resigning from office as part of a plea agreement that saw the four-term mayor plead guilty to lesser misdemeanor charges on 15 counts — originally handed down as felony indictments — of using his office for personal gain.

Surrounded by a small assembly of family and supporters, an emotional Nail read a brief letter of apology in Cullman County Circuit Court Tuesday morning. Pausing to finish his prepared statement through tears, Nail offered his remarks after pleading guilty to all 15 of the charges as misdemeanors, rather than the initial Class B felony charges that a local Grand Jury alleged in a late-October indictment.

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“I’m truly sorry for the harm and inconvenience brought about by this. I never wanted to bring any negativity to Hanceville,” Nail said. “I love Hanceville and the people of Hanceville. I’d never do anything to intentionally harm the city — and I’m sorry.”

Circuit Judge Greg Nicholas sentenced Nail to a suspended one-year prison sentence for which he’ll serve no actual incarceration time, as long as he adheres to the terms of his one-year unsupervised probation. Nail also was ordered to pay a $2,500 fine in addition to a separate $4,000 in restitution.

Under the terms of his probation, Nail agreed to resign from the mayor’s seat effective at the end of the business day on Tuesday, as well as from all other public service seats (which encompass Nail’s service on the Cullman-Jefferson Counties Gas District Board as well as on the Hanceville Planning Commission. Within the past month, Nail additionally had relinquished his seat on the Cullman County E-911 Board.)

Nail also consented as part of his plea agreement not to seek or hold any public service position, whether elected or employed, for a period of 15 years, and was ordered to perform 120 hours of community service. Hanceville city council member Jimmy Sawyer, the council’s designated mayor pro-tem, temporarily will fill Nail’s vacant seat as acting mayor until the council takes up the matter of appointing a permanent replacement — a task that, by statute, they have 60 days to fulfill.

In a statement following Nail’s plea and sentencing, Cullman District Attorney Champ Crocker said the case signals that local elected leaders have a full duty under the law to uphold public trust.

“The trust between the people and their government must remain strong. Mr. Nail pleaded guilty, admitted to his misconduct and also apologized to the citizens of Hanceville for his actions,” the statement read. “I believe this swift resolution is balanced and shows both consideration for admitting guilt and that elected officials who violate the public trust will be held accountable.”

Nail’s case began earlier this year after a local complaint was made to the Alabama Ethics Commission alleging that he had used his position to influence a number of local people — including former Hanceville police chief Bob Long, city employee Steve Gunn and a number of former inmates — to carry out services that benefitted Nail personally. The commission declined to rule on the complaint, referring the matter instead to the local DA’s office.