Robert Bentley responds to Jim Zeigler’s ethics complaint
Shortly after news broke that State Auditor Jim Zeigler had filed a complaint with the Alabama Ethics Commission, urging the body to investigate the purported affair between Gov. Robert Bentley and staff member Rebekah Mason, the governor responded. In a statement released Friday afternoon, the governor said the following: “I have always complied with the ethics laws of the State. In fact, I voluntarily release my tax returns to the public every year in a spirit of openness and transparency. I have always and will continue to cooperate with the Alabama Ethics Commission.” In the statement, Bentley made no mention of the alleged affair, which he denied vehemently during a press conference Wednesday.
Jim Zeigler files report on Robert Bentley with state Ethics Commission
Alabama State Auditor Jim Zeigler has submitted an official report with the Alabama Ethics Commission, requesting the body investigate allegations Gov. Robert Bentley participated in an affair with senior advisor Rebekah Caldwell Mason, a former staffer who is no longer a state employee. Former Alabama Law Enforcement Agency director Spencer Collier disclosed knowledge Wednesday of a recording of the governor making comments of an intimate nature to who was presumed to be Mason, as well as an incident of viewing an explicit text message. The governor has denied a “sexual” affair occurred. Zeigler said he submitted the report as a request for the commission to investigate whether any state resources were unlawfully used in the alleged relationship. “The governor continues to disgrace the state of Alabama, and in my official capacity as state auditor, I am required to report these suspected violations,” said Zeigler said in a prepared statement released Friday afternoon. “It is clear that he is misleading the people of the state about the nature of his relationship, but it is also clear that Ms. Mason is required to either be classified as a public official, or file as a lobbyist, in her capacity as an advisor who is paid by an outside source.” Zeigler told Alabama Today the report stemmed from his discovering a seldom-used provision in the law, 36-25-17, requiring any agency head, which includes the auditor, who receives information of a violation of the ethics law shall report it to the Ethics Commission. “I am expecting next week, to get honest state employees, which is the majority, come into my office or call in with more information,” Zeigler said. “The information I get about any issue or problem is not self-generated, it comes from citizens or state employees contacting me with information.” Zeigler identified Collier as one of the sources for his information, but noted there were other sources. The auditor also said he expects to file two or three supplemental reports within the next month. Though Bentley’s former chief of staff, Seth Hammett also worked for the governor’s office while being paid by an outside group, the governor received permission from the Ethics Commission. No such permission was sought in the case of Mason’s arrangement with 501(c)4 group Alabama Council for Excellent Government (ACEGOV), whose website states the group “supports Governor Bentley’s bold vision to lead Alabama with greater economic opportunities and by tackling our state’s challenges with real solutions.” Zeigler has been a frequent critic of the governor’s since his own election in 2014, but in recent months he and Bentley have sparred over the very nature of the State Auditor’s office. A bill sponsored by Rep. Paul Beckman, would make the offices of State Auditor and Agriculture Commissioner appointed, rather than elected, positions. Zeigler said the move would be like “the fox guarding the hen house.” Stopping short of asking the governor to step down himself, Zeigler said he believes the only way Bentley will leave his office is if the Alabama Legislature removes him, or he’s convicted of ethics violations.
Selma is cracking down on diaperless horses
SELMA, Ala. (AP) — The west Alabama city of Selma is planning a crackdown on what one councilman says is a big problem: Horse droppings. The City Council passed a law three years ago requiring that horses wear diapers when on city streets, but Councilman Michael Johnson says riders aren’t following the law. Johnson says he doesn’t mind people riding horses in the city of 20,000. But he’s bothered by the smell and other sanitary problems created by horses on city streets. The Selma-Times Journal quotes Police Chief John Brock as saying officers will be stricter enforcing the diaper law. He says the department will issue warnings for a first offense and citations for repeat offenders. There could be plenty of tickets: Johnson says he’s seen just one diaper-wearing horse in town. Republished with permission of the Associated Press.
Yeas and Nays – How Alabama delegation voted this week: 3/25/16
This week the U.S. Senate was out of session. Here’s a look at how the Alabama delegation voted on major issues in the U.S. House of Representatives this week: H.R. 2745: the Standard Merger and Acquisition Reviews Through Equal Rules (SMARTER) Act. The bill seeks to harmonize the standards that the FTC and the Justice Department must meet before seeking a preliminary injunction against a proposed transaction. It also requires the FTC to resolve such cases through the federal courts rather than through administrative action. Passed the House 235-171. Yea: Rep. Bradley Byrne (AL-01); Rep. Martha Roby (AL-02); Rep. Mike Rogers (AL-03); Rep. Robert Aderholt (AL-04); Rep. Mo Brooks (AL-05); Rep. Gary Palmer (AL-06) Nay: Rep. Terri Sewell (AL-07) H.Res. 658: a resolution regarding the terrorist attacks in Brussels on March 22, 2016. Specifically, the resolution condemns the terrorist attacks in Brussels on March 22, 2016, which murdered more than 30 innocent people and severely wounded many more; expresses sympathy and condolences for those killed and injured in the attacks and for their families and friends; pledges support for the government of Belgium in its efforts to bring to justice those involved with the planning and execution of the attacks; declares that the Islamic State of Iraq and Syria (ISIS) poses a fundamental threat to the universal value of freedom in all countries; states the concern of the House of Representatives about the flow of foreign fighters to and from the Middle East and West and North Africa and the threat they pose; and expresses readiness to assist the government and people of Belgium to respond to the threat posed by ISIS and its terrorist affiliates. Passed the House 409-0. Yea: Rep. Bradley Byrne (AL-01); Rep. Martha Roby (AL-02); Rep. Mike Rogers (AL-03); Rep. Robert Aderholt (AL-04); Rep. Mo Brooks (AL-05); Rep. Gary Palmer (AL-06); Rep. Terri Sewell (AL-07)
John Merrill, legislature team up to ensure voter readiness
Alabama Secretary of State John Merrill has asked legislators to provide three separate and specific days of the week, as well as times and venues, to hold voter registration drives and to issue photo identification cards to prospective voters. The move is an effort on the part of the Secretary of State “to ensure that eligible Alabama citizens are able to vote.” Registration events of this nature have already been held in Barbour and Bibb counties. A law requiring identification at the polls went into effect in June 2014, despite such moves being contested in other parts of the country – Alabama’s move raised the ire of some who claimed the change would adversely affect poor and minority voters. However, accepted forms of photo identification are widespread and seemingly easy and inexpensive to attain. Accepted forms of identification include: a driver’s license an Alabama-issued voter ID card a state or federal issued ID card from any state a U.S. passport an employee ID from Federal Government, the State of Alabama, County, Municipality, Board, or other entity of this state a student or employee ID from a public or private college or university in the State of Alabama (including postgraduate technical or professional schools) a Military ID Tribal ID. A registered voter without one of these forms can attain a free voter ID card, though to do so one must have an identifying document containing the voter’s full name and date of birth, proof of being a registered voter and documentation affirming the voter’s full name and address as listed in the voter registry. A name, address and voter registration status can be verified through the Secretary of State’s office. Non-photo identification documents that can be used to attain a free voter ID card include a Social Security card, a birth certificate or marriage record, a hospital or nursing home record, a Medicare or Medicaid document or an official school record or transcript. For more information or to attain a voter ID card, visit www.alabamavotes.com or call 1-800-274-VOTE (8683).
Larry Lee: Education matters
Once upon a time a young girl in Ohio graduated from a private high school, then got degrees from Cornell and Harvard, neither of them in the field of education. She then joined Teach for America which means she had a five-week crash course before becoming a teacher at a Baltimore elementary school for three years. Her name is Michelle Rhee. In 1997 she became CEO of The New Teacher Project, a nonprofit set up to supply urban school systems with teachers. She was selected by Washington D.C. Mayor Adrian Fenty in 2007 to run his 50,000-student school system, even though her only real experience in education was three years in that Baltimore classroom.. To say the least, her style was “slash and burn.” How else do you explain someone who invites John Merrow of PBS to film you as you fire a principal? She was so controversial that the mayor who hired her lost his re-election in 2010 She resigned shortly afterward. Today the D.C. school system remains one of the worst in the country with scores far below those of Alabama schools, even though they have had charter schools since 1996 which we are told are the salvation for struggling systems. What does Michelle Rhee have to do with Alabama? A good bit actually. After she left the nation’s capital, she started an organization named StudentsFirst, announcing on the “Oprah Winfrey Show” that she would get 1 million members and raise 1 billion dollars to change education across the nation While no one knows how much money this nonprofit has raised since they do not reveal their donors and file no paperwork with the Alabama Secretary of State, we do know that some has been spent in Alabama. At least $200,000 was spent on political campaigns in 2014. Sen. Del Marsh, the author of the Alabama Accountability Act, the charter school bill and the RAISE bill got $20,000. Rep. Terri Collins, who chairs the Education Policy Committee in the House, got $8,000. Charlotte Meadows of Montgomery, who now works for StudentsFirst and ran for the State House in 2013, got $20,000. But the contribution that catches the eye is the $60,000 given to the Foundation for Accountability in Education. It is listed on the IRS 990 form filed by StudentsFirst for 2013-14. This is a group set up by Senator Marsh to promote the benefits of the Alabama Accountability Act. They spent $18,000 on ads supporting AAA. StudentsFirst has six lobbyists registered with the Alabama Ethics Commission. Three are registered out of Sacramento, California, and three are “contract” lobbyists. One of them is Josh Blades, former staffer for governor Bob Riley and former chief of staff for Speaker Mike Hubbard. Blades also lobbies for BCA. (Editor’s note: Supposedly Rhee is no longer involved with StudentsFirst and runs a group of charter schools started by her husband in Sacramento,. However, the organization is still active.) From all indications StudentsFirst has been a major player in the development of the RAISE/Prep Act. I was watching APTV’s Capitol Journal when Senator Marsh said that he had been consulting with them. All of which leaves us to ask: WHY? Why is a group based in California with no recognizable ties to Alabama education even in the picture when it comes to setting policy for our children and our schools? Where is their dog in this fight? What is their goal? Has anyone associated with the organization ever darkened the door of a school in Bayou La Batre or Bridgeport or anywhere in between? Or did they just buy a seat at the table with campaign contributions? • • • Larry Lee led the study Lessons Learned from Rural Schools and is a longtime advocate for public education. larrylee133@gmail.com. Read his blog: larryeducation.com.
Bernie Sanders fights perception he can’t overcome Hillary Clinton edge
Bernie Sanders may be drawing thousands of people to his rallies and raising millions of dollars online, but increasingly he’s also having to make the case that his campaign isn’t a lost cause. Sanders is favored over Democratic front-runner Hillary Clinton in this weekend’s contests in Washington state, Hawaii and Alaska. The Vermont senator also points to April contests in Wisconsin and New York, and California’s June 7 primary, as elections where he could cut into her wide lead in delegates who will decide the Democratic nomination. That lead, however, is more than 300 pledged delegates – about double the margin that then-Illinois Sen. Barack Obama held over Clinton during the 2008 primaries. It’s math that’s forced Sanders to defend his path to victory amid whispers he should drop out. “There’s some mythology going around that we can’t win this election: That is mythology,” Sanders thundered at a Los Angeles rally on Wednesday night. Sanders’ overwhelming victories in Tuesday’s caucuses in Idaho and Utah helped him offset a loss in Arizona, where he campaigned extensively but failed to win more than 40 percent of the vote. He netted about 20 more delegates than Clinton in the three states, but he ended the night still far behind Clinton in the overall delegate count. Once a major long shot, Sanders has pushed Clinton on policy and across the political map, winning a dozen states and challenging Democrats to confront income inequality and big money in politics. His rallies this past week drew more than 17,000 people in Seattle, including those standing in line or in an overflow room, and 13,000 in San Diego. His online fundraising acts like an ATM: He has collected more than $140 million from 2 million donors, raising $94 million in increments of $200 or less. Even as Clinton focuses on GOP front-runner Donald Trump, Sanders has yet to ease up on the ex-secretary of state, regularly assailing her use of super PACs and her vote to authorize the war in Iraq. He has demanded she release the transcripts of her private speeches before Wall Street banks, adding with sarcasm that they must have been “written in Shakespearean prose” to merit the $225,000 paydays she received for making them. Yet the numbers remain difficult for Sanders. Clinton enters Saturday’s contests with 1,223 pledged delegates compared with 920 for Sanders, according to an Associated Press count. Including superdelegates, the elected officials and party leaders free to support any candidate, Clinton’s lead is 1,690 to 946. It takes 2,383 delegates to win the Democratic nomination. If Sanders hopes to catch up to Clinton in pledged delegates, he must win 58 percent of those remaining. So far, he’s only winning 43 percent. Overtaking her lead when superdelegates are included would require him to do even better. “He can’t win, but he’s also the Energizer bunny. He’s not going to stop,” said Democratic strategist Craig Varoga, who is not affiliated with a presidential campaign. “He will keep on going even when it’s mathematically impossible for him to win.” Clinton often reminds her audiences she has won more votes than any other presidential candidate, including Trump. “I have gotten 2.6 million more votes than Bernie Sanders,” she said Tuesday in Everett, Washington. Sanders’ best opportunity to cut into Clinton’s lead may rest in New York, which Clinton represented in the Senate, and in California, with 475 pledged delegates, the most of any state. Clinton, it should be noted, won both states convincingly over Obama in 2008. “California will be the final word on the nominating process for both sides and I’m going to work as hard as I possibly can to do well here, reaching out to every part of the state, every voter in it,” Clinton said Thursday in Los Angeles. “Because not only do I value California’s important role as the exclamation point on the primary nominating process, but it’s important to get ready and organized for the fall election, where so much is at stake for our country.” Sanders senior adviser Tad Devine said a loss for Clinton in New York “would be an enormous setback. Maybe they can recover from that, but maybe they can’t. That is going to be a milestone in the nominating process.” He added, “In California, we do have the potential for a substantial victory.” Recent preference polls show Clinton with a lead in the state. Sanders has pledged to take his campaign to the Democratic National Convention in Philadelphia to give Democratic voters a choice. His campaign has dismissed calls to drop out, a notion that gained attention this week when Markos Moulitsas, a prominent liberal and the founder and publisher of the Daily Kos, wrote that Sanders’ “race to the White House is over.” Devine said that would have no impact on the Sanders campaign and by staying in, Sanders would register millions of young supporters and independents who would help the party’s nominee. “We’re going into a period of the process where we feel we can win. We can win delegates and we can win states,” he said. “The idea is to chip away at her lead in delegates.” Republished with permission of the Associated Press.
Audit calls into question Robert Bentley’s stated reason for firing head ALEA officer
An audit by the Alabama Examiners of Public Accounts released last month, which found no “significant instances of noncompliance with applicable laws and regulations” within the Alabama Law Enforcement Agency (ALEA), calls into question Gov. Robert Bentley‘s stated reason for firing the agency’s former director Spencer Collier. The audit, first reported by WBRC, covered six years from Oct. 1, 2009 to Sept. 30, 2015, which includes all but four months of Collier’s leadership of the agency. The audit is a notable discrepancy to the governor’s stated reason for booting Collier earlier this week. “(Collier’s replacement, Stan Stabler) identified several areas of concern in the operations, policies and procedures at ALEA,” Bentley said in a news release Tuesday announcing Collier’s dismissal. “After an internal review, the ALEA Integrity Unit found a number of issues, including possible misuse of state funds. I am disappointed to learn these facts, and today, I relieved Spencer Collier of his duties as ALEA Secretary.” Collier, during his news conference Wednesday, which set off the firestorm of allegations about the governor’s personal life, claims he only learned about his dismissal and the governor’s stated reason through social media. Stabler has acted in the capacity of ALEA director since Collier was placed on medical leave in February. In addition to having made the claims about misuse of money in the agency under Collier’s watch, Stabler also maintains he was not a witness to any evidence of the governor’s alleged affair, as was stated by Collier. “The allegation and implication from Mr. Collier is completely false and without merit,” Stabler wrote in a statement. Attempts to contact a spokesman from the Examiners of Public Accounts’ office to ascertain whether the department has plans to conduct more audits of ALEA were unsuccessful. Another audit could determine whether there was any misuse of funds between the end of the agency’s scheduled audit on Sept. 30, 2015, and Collier being placed on medical leave in February. Attorney General Luther Strange said Thursday afternoon his office “takes very seriously any allegations involving potential criminal misconduct,” and, “has a strong record of probing illegal activity in this state and we will continue to do our job,” but his office will not release any further information about “pending criminal investigations.”
Martha Roby: Education secretary must enforce new law
Newly confirmed Secretary of Education John King came to Capitol Hill this week to testify in our Appropriations budget hearing. As a member of the Appropriations Committee, and specifically the subcommittee with jurisdiction over the U.S. Department of Education budget, this hearing provided me a good opportunity to press the secretary to make sure he and his staff adhere to the new education law that forbids federal coercion on state education policy. You may remember that late last year Congress passed and the president signed a new education law to finally replace the problematic “No Child Left Behind.” The nation’s new education law returns the decision-making back to state and local governments where it belongs. The Wall Street Journal calls the new law “the largest devolution of federal control to the states in a quarter-century.” I’m proud to say the nation’s new education law also contains a provision I introduced and championed that strictly prohibits the Secretary of Education or his agents from using funding grants or special regulation waivers to influence state education policy. For too long, the U.S. Department of Education has exercised undue influence over education policy decisions that are made at the state and local level. The department developed the bad habit of making valuable funding grants or coveted regulation waivers contingent on whether or not a state adopted its “pet” policies. Not only did this behavior flout the appropriate role of the federal government, it also worked to corrode trust in public education at the state and local level. Count me among those who believe states should set high standards and adopt a rigorous curriculum designed to help students build the skills they need to succeed. While collaboration can add value in policymaking, heavy-handed coercion from the federal government in the process is unwelcome and inherently dubious. Parents, teachers and administrators are rightfully wary about having state education policy dictated by bureaucrats in Washington, D.C., who have never set foot in an Alabama classroom. Now that kind of federal coercion is against the law, and at this week’s Appropriations hearing, I wanted to make sure Secretary King is committed to following that law. Old habits die hard, I told him. It isn’t hard to imagine federal bureaucrats ignoring the new law and continuing with business as usual. I was pleased to hear Secretary King say and reiterate that he and his staff will do “exactly” what the law requires. Knowing that policymakers often must determine the “intent of Congress,” I made clear to Secretary King that, as the Member of Congress who introduced and championed this provision of law, the intention is to stop once and for all the inappropriate federal coercion in state education decisions. I appreciate Secretary King appearing before our committee and committing to enforcing the new law. It is important that he and others at the Department of Education know that Congress is watching and that we are serious about returning education control back to states and local governments. • • • Martha Roby represents Alabama’s 2nd Congressional District. She lives in Montgomery, Alabama with her husband, Riley, and their two children.
State’s February unemployment rate holds fast at 6.2 percent
Gov. Robert Bentley said Friday that Alabama’s seasonally adjusted unemployment rate had held steady at 6.2 percent, though the unadjusted rate is 6.5 percent. “The momentum that we are seeing in our employment numbers continues to be encouraging,” Bentley said in a news release. “Our mission to provide all Alabamians with a job remains my top priority. The growth that we are consistently seeing, combined with the regular announcements of new jobs coming to the state, is helping us to achieve that goal. Our economy is supporting 106,900 more jobs now than when I took office in January 2011. But there’s still a lot of work to do, and I remain committed to doing that work.” “No change in the unemployment rate is good news this month,” Alabama Department of Labor Commissioner Fitzgerald Washington said in the press release. “We continue to see high numbers of employed people, which again is topping 2 million. We have consistently seen over 2 million employed people for 21 straight months. Additionally, a high number of people are in the workforce, which tells us that people are confident in the labor market. People haven’t shown this level of confidence in the job market in over three years.” The release notes that, according to the Current Population Survey (CPS), the number of people employed in February was 2,033,386, the highest number since August 2008. In all, 2,167,723 Alabamians are employed, the highest number since October 2012. Wage and salary employment came in at just over 1.9 million, the highest number since February 2008, an increase of more than 24,000. Significant increases were shown in the education and health services sector (+5,900), the trade, transportation, and utilities sector (+5,400), and the professional and business services sector (+5,000), among others. The state’s lowest unemployment rates were seen in Shelby County (4.7 percent), Elmore County (5.4 percent), and Lee County (5.5 percent). Despite an unchanging unemployment rate and significant gains in certain sectors, several Alabama counties are still experiencing unemployment rates at or above 10 percent: Clarke County (12.5 percent), Greene County (10.8 percent), Lowndes County (11.4 percent), Monroe County (10.7 percent), Perry County (10.1 percent), and Wilcox County (15.4 percent). In all, 52 of Alabama’s 67 counties are at or above the state’s current unemployment rate, with 22 above 7.5 percent.
Luther Strange says his office will investigate ”potential wrongdoing” at ALEA
Revelations surfaced this week that an internal probe at the Alabama Law Enforcement Agency uncovered financial inconsistencies and a possible misuse of state money. Shortly after the news broke of the possible indiscretions, ALEA Secretary Spencer Collier was terminated and a war of words ensued between him and Gov. Robert Bentley. Consequently, Attorney General Luther Strange released a statement about his office’s role: “In light of the accusations of potential wrongdoing that have been made over the last two days, and the numerous inquiries that my office has received, I would like to assure the public that the Attorney General’s Office takes very seriously any allegations involving potential criminal misconduct. My office has a strong record of probing illegal activity in this state and we will continue to do our job.” Strange added that, because of his office’s “longstanding policy regarding pending criminal investigations,” no further information would be released at this time.
Robert Bentley announces plans to veto General Fund budget
Gov. Robert Bentley has released a statement announcing his plans to veto the recently passed General Fund budget, which fails to adequately fund the state’s Medicaid program. “The General Fund Budget is unacceptable because it lacks adequate funding for essential government services,” Bentley said in the Thursday statement. “The proposed appropriation falls short of what the Medicaid Agency will require to provide services for the over one million Alabamians, most of them children, covered by Medicaid.” Bentley also noted that the current budget will render Medicaid reform measures passed in 2013 “unsustainable.” “The state has already made great progress to remodel and streamline the Medicaid model to a regional managed-care system,” Bentley remarked. “That progress will be lost without adequate funding from the General Fund.” In the statement, Bentley also mentioned his concerns about funding for the Alabama Department of Corrections, which he says is necessary to “address the prison crisis long-term.” “We have made strong reforms in the prison system; however, insufficient funding hinders the department’s efforts for further reform,” Bentley said. “We have witnessed the dangerous conditions inside our state-operated prisons, and the Alabama Legislature must prioritize prison system safety with adequate appropriations.” Bentley further chastised lawmakers for using “millions” in one-time BP settlement money to pay for “recurring expenses,” a move the governor claims is “fiscally irresponsible and shortsighted.” “Because of these concerns, I will veto the General Fund Budget and send it back to the Legislature on April 5th when they return,” Bentley said in closing. “I am committed to working with the Legislature to address our General Fund budget challenges.” Unlike other states, which require a two-thirds vote to overturn a veto, Alabama only requires a simple majority in both houses to override the governor’s veto. Because of that, the Republican majority in the state legislature will easily be able to undo Bentley’s action.
