Alabama Court of Criminal Appeals to rule on ethics commissioner rewriting ethics law
When faced with a single goal, in this case, embarrass Donald Trump’s administration; there is little doubt that one would choose the path of least resistance. That’s exactly what Cynthia Propst Raulston did when she pursued charges against Trump’s southeast regional director for the Environmental Protection Agency. Unfortunately for her, her weapon of choice, the Alabama Ethics Law, is clear – there’s a straight line from Point A (a complaint) to Point B (a resolution). By her actions, skipping the legally declared path for resolving a complaint, Raulston unilaterally declared herself and her office as powerful as that of Attorney General Steve Marshall. Let me explain how. The Alabama Ethics law is written without much room for interpretation. The “shall’” versus the “may” doesn’t leave room for guessing. Any first-year law student can tell you that. The process as described by the Ethics office requires a commission vote prior to going to a grand jury. Don’t believe me? Here are the exact words from the Ethics Commission website and I quote: Upon investigation a complaint may be: Closed because the Ethics Commission does not have jurisdiction regarding the alleged wrongdoing or the Statute of Limitations has expired. Dismissed due to lack of evidence to support the complaint. >Presented to Commission for Determination of Probable Cause. “Presented to the commission for determination of probable cause.” Nope, no ambiguity there. I don’t even need a law degree to understand the process. Going to the commission is an important step of due process of those facing complaints given the commission is not controlled by any one individual and the commission itself is charged with enforcing the ethics law. The makeup of the commission’s members is 2 appointees by the governor, 2 by the speaker of the house and 1 by the lieutenant governor. Each of which after being appointed has to be confirmed by the state senate. The current commissioners are: It was these five members Raulston circumvented by going straight to the grand jury. Read Anderton’s declaration, as filed, below: While her gumption and creativity could be lauded the effects of letting it stand presents a potentially chilling reality for the state of Alabama. Every time a new precedent is made chipping away at the structure of the law it weakens the law itself. This weakened foundation means that rouge prosecutors can go after just about anyone at any time in any manner they decide but more so the constant ambiguity also lends to the defense of those in the future who may seek an out when they do in fact break the law. Don’t for a moment think anyone is immune to the consequences of the decision before the court now. Due process is as important to the rule-followers as the rule-breakers because without it the process to determine which is which gets very fuzzy. The law § 36-25-4 says so very clearly, “In all matters that come before the commission concerning a complaint on an individual, the laws of due process shall apply.” The biggest problem in all of this is that either Propst Raulston unilaterally decided the rules didn’t apply to her or she did so with the support of the commissioners who have been silent to date. Right now the Alabama Court of Criminal Appeals has in front of them a motion to right the wrong made by Propst Raulston and the Alabama Ethics Commission. Will they choose to take it?
Lies and coverups: Did Ethics Commission attorney lie?
The narrative that an Alabama environmental group, activists and some journalists sold in November sounded menacing: “Indictments had been brought against Donald Trump‘s Regional EPA appointee Trey Glenn and former business partner, Scott Phillips, a state environmental board member.” But the problem with this narrative, in their own words, is that these charges were an effort of the environmentalists at Alabama’s GASP themselves. GASP claimed in a November tweet, “Just so y’all know, Gasp made this possible. We were the ones whose presentation was shared by Glenn and Phillips. We paid for the exhibits in PACER so we could piece this story together. We did the leg work and the organizing. We need your support to keep doing it.” Once GASP “did and the leg work and organizing,” the indictments were spearheaded and pushed for by Ethics Commission lawyer Cynthia Propst Raulston. If Raulston’s maiden name sounds familiar, it’s because her sister, Stacie Propst, is the former the Executive Director of GASP. Stacie Propst and others took issue with the fact that a presentation she was to give before the Alabama Department of Environmental Management (ADEM) commission, which Phillips sat on, was given to Glenn before the meeting. The presentation, which had been formally submitted to the commission, was already subject to Alabama’s open records laws, but that didn’t stop Propst’s supporters from crying foul once it was brought to light Phillips shared it with Glenn (who then shared it with his clients). AL.Com’s John Archibald described Propst’s in a column decrying the fact it was shared saying, “So Propst walked headlong into a buzz saw. She was, according to videos and minutes of the meeting, greeted with tough questions about data, degrees of health danger and whether you’d have to have a condition that makes you eat dirt to be harmed…” Certainly, there’s more to the charges being brought than just GASP and their former executive director’s sister, right? Kyle Whitmire from AL.Com broke the news of the indictments with a statement provided by the ethics commission. Whitmire reported, that, “The Alabama Ethics Commission lead the investigation after being asked for help by the Jefferson County District Attorney’s office.” He supported that with the following statement from the commission. “The Alabama Ethics Commission is committed to working with Alabama’s District Attorneys, and all enforcement agencies, whenever needed and asked to do so, to ensure enforcement of Alabama’s Ethics laws on behalf of the citizens of Alabama; and these indictments are evidence of that,” Alabama Ethics Commission Director Tom Albritton said in a press release. “I want to recognize the hard work from the Jefferson County DA’s office which requested our assistance in this important matter; and from our office, Cynthia Raulston, the Commission’s General Counsel, as well as Special Agents Dustin Lansford, Byron Butler and Chief Special Agent Chris Clark for their hard work and dedication to the enforcement of our Ethics laws.” That would be great except, The former Jefferson County DA, Mike Anderton, under penalty of perjury, has filed a formal declaration with the Circuit Court of Jefferson County that directly contradicts Whitmire’s reporting and the referenced Ethics Commission press statement. In it he says that Raulston was behind the entire case and that his office “had no plans to present any related matter to the grand jury.” He goes on to say his entire role in the case was just to facilitate Raulston’s use of the Jefferson County grand jury again, at her repeated request. Read Anderton’s declaration, as filed, below: So at the end of the day either the statement and claims from Allbrighton are factually incorrect or the sworn statement from Anderton is. Fortunately, we have the answer to how this all started, the tweet from Gasp says it all. So what’s next for those involved? At the February 11 arraignment of Glenn and Scott, where the charges were changed and some dropped, the defense filed for dismissal of the case in part for “malicious prosecution.” The judge made it clear that he would hold a hearing on the motion and that Raulston should be prepared to deal with the facts. The facts seem to point very clearly to misconduct on the part of the Ethics Commission and toward malicious prosecution.
EPA regional administrator Trey Glenn resigns to fight ‘unfounded charges’
In August of 2017, the former director of the Alabama Department of Environmental Management (ADEM), Trey Glenn, was named the U.S. Environmental Protection Agency’s (EPA) Region 4 Administrator. On Monday, Glenn resigned from that post amid arrest in ongoing ethics investigation. “As you know, unfounded charges haves been levied against me that I must and will fight,” Glenn said in his resignation letter to EPA Acting Administrator Andrew Wheeler. “Stepping down now, I hopes removes any distraction from you and all the great people who work at EPA as you carry out the Agency’s mission.” A grand jury indicted Glenn last week. On Thursday, he was arrested on criminal ethics for multiple violations of Alabama’s Ethics Act. He was booked into a Jefferson County jail in Birmingham before he was released on a $30,000 bond. Glenn’s history with Alabama As director of ADEM from 2005 – 2009, Glenn managed over 600 employees tasked with ensuring a safe, healthy, and productive environment to all Alabama residents. Prior to that he served as division director for the Alabama Office of Water Resources from 2001- 2005 where he was responsible for leading day-to-day operations on coordinating and managing Alabama’s water resources. Before to his post at the EPA, Glenn was working as an independent engineer consultant and business owner, focused on environmental issues. Then-EPA Administrator Scott Pruitt made the announcement of his appointment. “Trey Glenn will bring invaluable experience as regional administrator having spent over two decades working in the field of environmental and regulatory policy,” said Pruitt. “Mr. Glenn will help us carry out President Trump’s vision of creating a more streamlined and efficient EPA that focuses on the Agency’s core mission, while also providing more regulatory certainty to our nation’s businesses.” Alabama Governor Kay Ivey echoed Pruitt’s confidence in Glenn. “We are proud to have a person of Trey Glenn’s caliber leading such an important organization for our area. His experience as Director of the Alabama Department of Environmental Management places him in a unique position to be prepared to work with these southern states,” said Ivey. “We are also especially glad to know someone with in-depth knowledge of Alabama will be overseeing our region. Our state looks forward to working closely with Trey and the EPA team to ensure the needs of the state are met and that we stay environmentally friendly.” Alabama’s Senior U.S. Sen. Richard Shelby said he believed Glenn was well-prepared for the new role. “As an accomplished environmental engineer from Alabama, Trey Glenn is well-prepared for this new role and challenge as the EPA Region 4 Administrator,” added Shelby. “Trey has a proven record of leveraging internal and external operations to advance clearly defined goals. Having served as the director of the Alabama Department of Environmental Management, he understands the value and importance of state authority and control. I am confident that Trey will provide respected leadership across the eight state region, while also promoting and protecting a strong and healthy environment.” Read Glenn’s full resignation below:
Regional EPA official turns himself in on state ethics charges
The Trump administration’s top environmental official for the Southeast has been arrested on Alabama state ethics charges related to a scheme to help a coal company avoid paying for a costly toxic waste cleanup. Trey Glenn was booked into a county jail in Birmingham on Thursday before being released on a $30,000 bond. Glenn was appointed last year as chief of the Environmental Protection Agency’s regional office in Atlanta, which oversees operations in eight states. Glenn is charged with multiple ethics violations stemming from his prior work as a coal-industry consultant opposing federal Superfund cleanup efforts. He resigned as director of the Alabama Department of Environmental Management in 2009 following another ethics scandal. It was not clear if Glenn had an attorney. EPA spokesman John Konkus declined to comment. Republished with permission from the Associated Press.
EPA’s Southeastern chief indicted on Alabama ethics charges
The man appointed by President Donald Trump’s administration to run the Environmental Protection Agency’s Southeastern regional office has been indicted, along with a former business partner, on state ethics charges in Alabama. News outlets reported Tuesday that Trey Glenn and a former business partner, Scott Phillips, are charged with multiple ethics violations in Birmingham. The ethics law prohibits officials from using their office for personal financial gain and from soliciting or receiving money or other things of value. Glenn was appointed in August 2017 as administrator of the EPA’s regional office in Atlanta, which oversees eight Southeastern states. He had served previously as director of the Alabama Department of Environmental Management and also worked as a business lobbyist who opposed federal Superfund cleanup efforts in Birmingham. An EPA spokesman didn’t immediately return an email on Glenn’s behalf, and court records aren’t available to show whether Glenn or Phillips have attorneys. Al.com reported that Glenn and Phillips each maintained their innocence in statements sent by a worker at a law firm in Montgomery. The newspaper reported that charges against them include multiple violations of Alabama’s Ethics Act, including soliciting a thing of value from a principal, lobbyist or subordinate, and receiving money in addition that received in one’s official capacity. Glenn worked for nearly five years as director of Alabama’s environment department, where his tenure ended abruptly. The Alabama Ethics Commission in 2007 found unanimously that there was probable cause Glenn, may have violated the state ethics law to get his job and to obtain personal trips. He was also investigated for a personal family trip to Disney World that was paid for by a public relations firm that represented a client doing business with his agency. Glenn was eventually cleared of criminal wrongdoing in the case, but resigned in 2009 after the ethics investigations. Phillips is a former chairman of the Alabama Environmental Management Commission. After Glenn left the state environmental agency, he formed a lobbying firm with Phillips. Both were involved in opposing a federal Superfund cleanup in Birmingham. A former state lawmaker, Oliver Robinson, has pleaded guilty and two others — Drummond Co. executive David Roberson and attorney Joel Gilbert — were convicted on charges linked to that project. Glenn and Phillips each testified in the trial of Roberson and Gilbert this summer. Roberson and Gilbert were convicted on charges they bribed Robinson to oppose efforts by the EPA to clean up a Birmingham neighborhood in Robinson’s district. EPA’s Region 4, headquartered in Atlanta, includes Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina and Tennessee. Republished with permission from the Associated Press.
EPA Administrator taps former Alabama official Trey Glenn to lead Region 4
The former director of the Alabama Department of Environmental Management (ADEM), Trey Glenn, has been named the U.S. Environmental Protection Agency’s (EPA) Region 4 Administrator. Glenn will oversee environmental protection efforts across Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee. As director of ADEM from 2005 – 2009, Glenn managed over 600 employees tasked with ensuring a safe, healthy, and productive environment to all Alabama residents. Prior to that he served as division director for the Alabama Office of Water Resources from 2001- 2005 where he was responsible for leading day-to-day operations on coordinating and managing Alabama’s water resources. Most recently, he’s been working as an independent engineer consultant and business owner, focused on environmental issues. EPA Administrator Scott Pruitt made the announcement of his appointment on Monday. Glenn is Pruitt’s first appointment of a regional administrator since being confirmed in February. “Trey Glenn will bring invaluable experience as regional administrator having spent over two decades working in the field of environmental and regulatory policy,” said Pruitt. “Mr. Glenn will help us carry out President Trump’s vision of creating a more streamlined and efficient EPA that focuses on the Agency’s core mission, while also providing more regulatory certainty to our nation’s businesses.” Alabama Governor Kay Ivey echoed Pruitt’s confidence in Glenn. “We are proud to have a person of Trey Glenn’s caliber leading such an important organization for our area. His experience as Director of the Alabama Department of Environmental Management places him in a unique position to be prepared to work with these southern states,” said Ivey. “We are also especially glad to know someone with in-depth knowledge of Alabama will be overseeing our region. Our state looks forward to working closely with Trey and the EPA team to ensure the needs of the state are met and that we stay environmentally friendly.” Alabama’s Senior U.S. Sen. Richard Shelby said he believes Glenn is well-prepared for his new role. “As an accomplished environmental engineer from Alabama, Trey Glenn is well-prepared for this new role and challenge as the EPA Region 4 Administrator,” added Shelby. “Trey has a proven record of leveraging internal and external operations to advance clearly defined goals. Having served as the director of the Alabama Department of Environmental Management, he understands the value and importance of state authority and control. I am confident that Trey will provide respected leadership across the eight state region, while also promoting and protecting a strong and healthy environment.” Business Council of Alabama President and CEO William J. Canary also issued a statement in support of Glenn. “Trey’s experience as director of the Alabama Department of Environmental Management, at the Alabama Office of Water Resources, and his engineering and management work as a business owner in the private sector gives him valuable knowledge that will serve both citizens, businesses, and the environment,” Canary said. “As a valuable member of the BCA advocacy team, Trey provided important leadership and advice in environmental matters for Alabama’s business community.” Lance LeFleur, Director of Alabama Department of Environmental Management, who has working experience with Glenn said he’s confident Glenn will do an outstanding job in his new role. “I have had the opportunity to work with Trey Glenn as I transitioned into my position as Director of the Alabama Department of Environmental Management – a position he previously occupied – so I have seen his capabilities first hand,” assured LeFleur. “President Trump made a wise choice in selecting Trey. I am confident he will do an outstanding job, especially considering he will have an exceptionally fine career staff in Region 4 at his side. I look forward to working with Trey in assuring for Alabama citizens a safe, healthful, and productive environment.”
