Jim Zeigler hoping for public showdown with Robert Bentley over ethics violations
On May 2, State Auditor Jim Zeigler “will be in my office at 10 a.m. with a court reporter, and a Bible to swear in the Governor.” Zeigler plans to grill Gov. Robert Bentley about accusations the governor misused public resources during an affair with a former adviser, the recently dismissed Rebekah Mason. On Monday Zeigler upped the stakes yet again, saying state law allows — indeed requires — the entire State Auditor’s probe to be open to the press and the public. Zeigler initially announced he would take Bentley’s testimony behind closed doors, presumably to spare the governor a modicum of disgrace. But after conducting some legal research, Zeigler said, the investigation is subject to open-government laws and must be done in full view of the public. “It is the public’s business, and we will allow news media and citizens to attend,” said Zeigler. Bentley, for his part, does not appear likely to show up. The governor has mostly ignored Zeigler’s request for an appearance in his office at the Capitol, though he did issue the following: “The appropriate legal process is through the Alabama Ethics Commission where the Auditor has already filed a complaint, and we are fully cooperating in every way,” said Bentley. “I do not intend to respond further to Mr. Zeigler.” The standoff is the latest in a series of jousting matches between the two fellow Republican members of the state’s executive branch. Bentley is supporting a bill this Legislative Session that would grant the governor power to appoint the State Auditor, revoking the office’s status as an elected position. Zeigler, in turn, has proposed an “executive recall” mechanism that would allow for Bentley to be removed from office via a petition signed by 10 percent of registered voters. In the meantime, Zeigler’s May 2 deadline hangs over the Zeigler-Bentley feud like the sword of Damocles. Zeigler says Code of Alabama statute, 36-16-2, authorizes his office to require just the kind of inquest into Bentley he is seeking. It reads: “The Auditor has authority to require information on oath, to be administered by him, from any person touching any claim or account he is required to audit.” While that seems to leave little room for interpretation, Bentley remains highly unlikely to fulfill Zeigler’s request to appear. Zeigler says he is looking into options regarding enforcement, and will pursue punitive measures should Bentley defy his order. “We will take action after May 2 if the order is not complied with. Since I set the May 2 date and time for compliance, I cannot do anything until that time has passed,” said Zeigler.
Jim Zeigler says vote for Amendment 1, despite faults with ballot language
State Auditor Jim Zeigler came out with a statement in support of an upcoming ballot initiative known as Amendment 1, despite some misgivings about “misleading” language voters will encounter at the ballot box. The state constitutional amendment says it authorizes the legislature to provide a retirement for new District Attorneys and Circuit Clerks. Not exactly, said Zeigler in a release Monday. Zeigler contends the amendment would “abolish a pension program the officials already have, to which they make no contributions from their pay,” replacing that so-called “supernumerary system” with a standard retirement like that offered to other state employees, which require contributions from their paychecks. The state auditor said the amendment would save the state substantial sums – his figures show it would save taxpayers $291,000 a year starting immediately, growing to $8.4 million a year in 30 years – but worries “the inaccurate wording is likely to get Amendment One defeated when it would actually save millions for Alabama taxpayers.” “Citizens are against giving a new pension or any other benefit to politicians at this time. Because the wording says that a retirement is ‘provided’ to these officials, it could draw a no vote,” continued Zeigler. “Whoever wrote this wording should be fired. They did a horrible job. This proposal reads like they took Common Core grammar. The wording is almost opposite of what the amendment would actually do.” “I am coming with legislation to turn the wording of ballot propositions over to the State Auditor — an elected, constitutional, statewide official. I can write the measure accurately in 30 minutes, costing taxpayers nothing. I will do this for free,” Zeigler said. “I will cast a ‘Yes’ vote on Amendment One, which is the conservative, waste-cutting thing to do,” concluded the self-styled Alabama “Waste Cutter.”
Jim Zeigler pushing constitutional amendment to prevent “raid” of state parks funds
State Auditor Jim Zeigler may occupy the executive branch, but that isn’t stopping him from getting involved in his favored issues during Alabama’s ongoing Legislative Session in Montgomery. Zeigler released a statement Monday night declaring his support for SB 260, a bill that would “stop the raiding of state parks revenues to fund other programs,” as Zeigler put it. Specifically the bill – sponsored by Republican Sen. Clay Scofield – would call for an amendment to the state constitution that would require revenues earned by the parks to stay in the parks’ operating budget. In recent years, state budget writers and Gov. Robert Bentley have chosen to close nearly half a dozen parks and reduce services in others, despite the parks’ general solvency. Funds from the parks have sometimes gone to subsidize other priorities through the Legislature’s general revenue fund. State parks have long been a priority for Zeigler. He recently accused the Bentley administration of mismanaging the parks system and using it as a cudgel against conservatives. “SB 260 is the first step in my plan for the state parks,” said Zeigler. “The parks internally generate around 85 percent of the money needed to operate. With tweaking, the parks can be self-funding, using NO tax dollars — requiring no money from the financially-strapped general fund. The Bentley administration would no longer be able to use the state parks as a political football, threatening closures if tax increases are not passed.”
Email insights: State Auditor Jim Zeigler’s “unusual and interesting” 2015 Year In Review
The office of Alabama State Auditor Jim Zeigler sent out a 2015 “Year in Review” email Monday morning about the auditor’s first 11 months in office, claiming it may be “the most unusual and interesting ‘year in review’ report ever released by a secondary state official.” Read the entire “year in review” below: JANUARY Gov. Bentley cancels the traditional inaugural prayer service, saying “there was not time.” Auditor-elect Jim Zeigler quickly steps up and hosts the prayer service himself. Inaugurated Jan. 19. Inauguration Day is historically cold and bitter. Zeigler says he becomes auditor as “the sun shines bright in Montgomery.” Declines his taxpayer subsidized state car, credit card, insurance, laptop, cell phone, Wi-Fi, and marble desk plate. Requests that auditor’s office itself be audited by the Examiners of Public Accounts and also the Historical Commission which has 46 historic furnishings in his office. Both audits came back perfect – all accounted for. Files request to return portraits of Governors George and Lurleen Wallace to their historical place in the capitol rotunda after their recent removal by the Director of Historic Sites. Zeigler discovers scandal – auditor’s office has been operating without coffee. He quickly spends his own money to provide both staff and public visitors with fresh coffee. FEBRUARY Operated office without a receptionist, secretary, investigator or attorney (the state budget does not fund any of these positions). Sits as a “Judge Judy” for the Board of Adjustment, hearing dozens of cases from citizens claiming money owed to them by the state. Board of Adjustment hearings continue through November. Completes first new property inventories. 89 agencies audited through November. MARCH Requests that the Attorney General investigate and halt spending of taxpayers’ money by Baldwin County School system in campaigning for a tax increase. The AG took no action to protect taxpayers in this situation. APRIL Filed suit to stop local school boards from spending taxpayers’ money on elections for tax increases. Also plans to seek legislation to halt this problem in February 2016. Led the effort to prevent the closure of state parks threatened by Gov. Bentley. Developed a plan to keep the parks open without a tax increase. Participated in the 100th anniversary of the University of Alabama’s Student Government Association – where he was SGA President in 1971. MAY Began a study of safeguards to assure that only U.S. citizens register to vote in Alabama. Made his presentation “Only U.S. Citizens Should Vote in U.S. Elections” to the annual statewide conference of voter registrars in Eufaula. JUNE Kicked off his “All-Volunteer Army” plan to recruit citizens to assist in investigating reports of government waste and overreach. Citizens wishing to volunteer can contact Assistant State Auditor at: Hope.Curry@auditor.alabama.gov Led the effort to return Confederate mementos removed from the capitol museum gift shop. They were returned. Began accepting job applications for voter registrars in 66 of Alabama’s 67 counties – all but Jefferson County. He made 63 registrar hires by Oct. 1. Attended the National Association of State Auditors conference in Little Rock AR, paying his own expenses plus winning a $1,000 national scholarship. JULY Began a study of Alabama’s $2 billion worth of state property and how it could be reduced. Began a study of Alabama’s $50 million in surplus property and how it could be reduced. Cut his office budget request by 8%. AUGUST Developed the first step in a two phase plan to recover state property reported as missing. Obtained a study worth $100,000, at no expense to taxpayers, through Auburn University at Montgomery. The study covered options to enforce the findings of state audits, and recover missing property from those responsible. SEPTEMBER Organized citizens to fight a 63% cut in the state auditor’s budget that was passed by the State House of Representatives. The budget was partially restored to a 25% cut, which was still more than twice that of any other agency. OCTOBER Began process of slicing expenses in State Auditor’s office due to budget cut. Cut 30% of employees. Cut office overhead to below the bare minimum. Prepared budget for fiscal year 2017. NOVEMBER Began preparing legislation for February, 2016 regular session. DECEMBER Finished the year having charged no reimbursements to the state. Zeigler personally paid all his own expenses. Finished the last of 89 state agency audits. Zeigler confronted and will continue to lead opposition to United Nations intrusion into the state of Alabama. Zeigler led opposition to the Governor’s spending $1.5 million to restore the dilapidated “Governor’s Mansion on the Gulf” after Bentley lost his personal Gulf property in his divorce.
Jim Zeigler to host weekly radio segment on AL politics
State Auditor Jim Zeigler isn’t known to be shy about voicing his opinions on the state of government in Montgomery or the politics surrounding it. But the second-term auditor will soon take his views to a broader stage, hosting a weekly talk show segment called “Weekly Waste Cutter Update,” to air in Huntsville, Decatur and on the Internet. “Of all the politicians in Montgomery,” Zeigler posted on his Facebook page Wednesday, “which one do you think has been asked to do a weekly radio program telling the public (you) what is really going? “I am blessed to ‘star’ in a statewide radio show,” Zeigler said. It will air on Monday late afternoons at 5:39 p.m. Central Time “so you can listen on your way home,” Zeigler said. The show is available on the Internet at WTKI Radio’s website, as well as in Huntsville on WTKI-FM 92.9 or WTKI-AM 1450 and in the Decatur area on WEKI-FM 94.7 and WEKI-AM 1490 every Monday.
State raises PACT pre-paid college plan payments, may clear the path for more
State Auditor Jim Zeigler on Monday lauded a move by a state higher education board to raise tuition payments to families who have purchased PACT – or Pre-paid Affordable College Tuition – plans that allow parents to lock in an affordable four-year college program in exchange for paying ahead. The program had fallen on hard times, going insolvent in 2009 and freezing the rates of its tuition payments. Zeigler, an advocate of using a “modest portion” of money from a BP settlement stemming from the 2011 Gulf oil spill to fully restore the “PACT” tuition payments, says Monday’s decision “opens the door for other increases,” including, possibly, full tuition at 2015 levels. “Some leaders in Montgomery had been saying that a previous settlement of PACT litigation means that no increase can legally be made. That is obviously not true given the 3% increase,” Zeigler said. Zeigler said that while he is glad the state board has seen fit to use the somewhat improved budgetary position of Alabama to remediate what the auditor has called a “wrong,” he will continue to lead a push for legislation or executive action that ties future payments to the contemporary rate of tuition that Alabama colleges and universities are actually charging. “The 3% increase is a tiny step in the right direction,” Zeigler said. “It does clear up some misconceptions that could aid our fight for full payment as promised.” Zeigler, a retired attorney, has a personal as well as a public policy stake in the issue: he purchased two PACT plans – 16 and 11 years ago, respectively – and hopes to see them eventually pay the full cost of college for his two daughters. A Montgomery ethics panel recently ruled that that arrangement does not violate state ethics laws, because his stake is one he has in common with so many other citizens and because that stake is equal to other participants in the program. “This is a wrong that needs to be righted,” Zeigler told ALToday.com last month. “The BP money may be the last chance to provide the full tuition that these families paid for and based their planning on.”
Judge takes up State Auditor Jim Zeigler’s case against AG Luther Strange
After a Thursday morning hearing where all six defendants filed motions to dismiss, Judge Greg Griffin took under advisement the state auditor’s lawsuit against elected officials he contends misused public money. State Auditor Jim Zeigler, in a complaint that names Alabama Attorney General Luther Strange and five Baldwin County school board members as defendants, says Baldwin officials acted improperly when they used about $250,000 in taxpayer money to campaign for a tax hike this year. The “Build Baldwin Now” campaign, as it was called by supporters, sought to increase tax revenue for new school construction by persuading voters to approve higher tax rates on local property owners during March municipal elections. After the initiative was soundly defeated in almost every locality where it sought the increased rates — 68 percent to 32 percent overall — Zeigler brought forth his case, arguing that the public funds were appropriated to the Baldwin school system to operate schools, not pay for political campaigns. For their part, Strange and the defendants argued Thursday before Montgomery County Circuit Court that Zeigler and two local taxpayers who enjoined his complaint have no legal standing to bring the suit in the first place. They contend the complaint provides no legal “cause of action,” and that the attorney general — in issuing an opinion earlier this summer that the Baldwin school board’s actions were lawful — caused no material damage. Zeigler said in a news release Thursday afternoon the motions “totally missed the point – the plain meaning of the law.” As ever during the proceedings, Zeigler pointed to the Code of Alabama section 17-17-5, which reads “… no person in the employment of the State of Alabama, a county, a city, a local school board, or any other governmental agency, whether classified or unclassified, shall use any state, county, city, local school board, or other governmental agency funds, property, or time, for any political activities.” “The attorney general is throwing legal technicalities against us trying to justify a wrong,” Zeigler said in the statement. “It is illegal and grossly unfair to use taxpayer’s money to campaign in a vote for a tax increase.” The judge did not give a time frame for issuing a decision.
