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Bill Britt

Bill Britt: AEA Interview, If I Were Henry Mabrey

Bill Britt

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By Bill Britt
Alabama Political Reporter

In the past week Henry Mabry met with the ‘Gadsden Times’ in which he held for the status quo positions. I wanted to imagine what the interview might have been like if someone with a hint of the current realities were to answer the ‘Times’ questions.

So, I decided to cast myself as the new head of the AEA and reply to the ‘Times’ inquires as a man who understands what day and what time it is actually. I have taken the basic questions asked and provide what I believe are the best answers as a start to working with the Governor and the Legislator toward a solution to the education problem as well as the state’s other problems.

Times; The Governor has mentioned trying to divert funds from the state’s education fund to be used to bolster the shortfalls in the general fund?

Me: I understand that the state is in serious fiscal trouble and I can appreciated the Governor’s positions, however I am not convinced that un-earmarking items in the Education budget is the best path for the state to take.

I am reluctant to go down that path because the General Fund has been mismanaged over the years. Can we trust that the state will prove fiscally wise with more funds?

I don’t know all the answer to this situation and demands a great deal of consideration both pro and con. For now I am in the con camp.

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But I commend the governor for his willingness to look at alternatives.

There are some very smart men in the new leadership in Montgomery and I would think we could all set together and look for ways to meet this crisis in a bi-partisan manner.

Times: The 2012 legislative session set to begin Feb. 7 will be tough. The state already is looking at a fifth straight year of budget cuts for education.

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Me: We have been in a hole for awhile now, but I would like to let the Governor and the Legislators know that the AEA is in this fight to do what is best for education but this is not the past. I understand the problem and want to see how we can better offer education without crippling the state in the process. It is a new day.

Times: There are some who recommend increasing class sizes as a cost savings measure.

Me:  I have to admit we have gone a little overboard with the class size reduction. Currently our K-3 have one teacher for every 16 students and 4-12 it is 18. This was a goal to offer more hands-on education to our children. I have looked at the situation and the truth is we have many assistants and teachers that are not doing what we have hoped with reduced class size. I am certainly willing to look at increasing the number of students in a classroom to help with this situation.

When I was a child in school we had as many as 30 students in a class, that was a bit high but you know I received a good education. Let me point out that we at the AEA know we have to do more and the teachers are going to have to do more for the sake of everyone.

Times: The Governor and the Speaker of the House have made Charter Schools one of their top legislative agendas for the 2012 session.

Me: It has been the past policy of the AEA to oppose Charter Schools, I think my predecessors had their reasons, but the new AEA is going to be more than a union, we are going to work for what’s best for education and if that means Charter Schools then that is one of the things we will work with the Governor and Speaker on.

We have to be honest about where we are today, we can’t keep our heads buried in the sand. Alabama has had failing schools for the last 40 years, and do you know how many we have closed? None. We can stay with the same failed policies and hope that things will change.

Times: There are calls for cuts in every direction how do you responded to that?

Me: I live on a budget, my family lives on a budget, the state lives on a budget. So, we are going to have to see how we can live within our means and still provide the best educational system we can.

I received a great deal of criticism for sending my children to private schools, that question came at me fast and hard and at the time I was not ready to answer it honestly, I think I should now. The fact is I have done well in my life, I can afford to send my children to private schools, this is America, where if you have the means you can choose to send your kids to whatever school you want. I would like to have a state where all children could have the type of education my kids do, but not every parent has been as blessed monetarily as I have, so, we need to look at a voucher program that gives parents more choice.

Times: As former finance director under former Gov. Don Siegelman you understand the problems facing the state’s general fund. Your thoughts.

Me: I was proud to have served the state during that time but this is a different era and the challenges are greater. The first thing most people want to do is bring in more revenue, this would be nice but the reality is no one is in the mood to raise taxes during this period, raising taxes is actually a killer in tough financial times.

What we need to do is find ways of cost saving, I frankly don’t know what they all are but if we put our heads together down in Montgomery rather than butting head.We are going to get more done.

But let me makes this clear the AEA will not be stream-rolled by anyone, that is why I am offering the hand of friendship and an olive branch toward the future.

We may have to increase class sizes, cut benefits and other things but we can do this together. I will want firm assurances of good faith on behalf of those who have in the past opposed us but for now we will trust first and verify later.

We have made great progress in education in our state, I don’t want to see that go backwards. But the AEA has not always been right on education it is time to admit that. But we will fight for our teachers and our children without hesitation.

I don’t want to make the mistakes of the past but work toward a brighter future for our children and our children’s children so that they too will know the full measure of success that their families have worked to give them.

Alabama is a great state and we all must work to make it even better.

I wish Mr. Mabry would be so reasonable.

Bill Britt is editor-in-chief at the Alabama Political Reporter and host of The Voice of Alabama Politics. You can email him at [email protected] or follow him on Twitter.

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Bill Britt

Opinion | Prisons, justice reform and the art of the possible

Politics is bound by the art of what’s possible. It is also true that those who never dare the impossible rarely achieve even the possible.

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For years, prison reform advocates, media outlets and even a few public officials have called for new correctional facilities to address Alabama’s dangerously overcrowded prisons.

Now that it’s happening, some aren’t happy with how Gov. Kay Ivey is addressing the problem.

Is the Ivey Administration’s plan perfect? No. But building new facilities along with criminal justice reform — while all imperfect — is the last best hope to correct generations of cruel treatment, endangered correctional officers and corrupt practices.

German chancellor and statesman Otto von Bismarck said “Politics is the art of the possible, the attainable — the art of the next best,” this is the state of a workable solution to Alabama’s prison needs and criminal justice reform.

Yet, there is a concerted effort underway to stop the Ivey Administration from acquiring three new men’s prisons under a build-lease agreement.

Some lawmakers want another crack at financing additional facilities through a bond issue, and others want more say in the process. Still, the fact is that Ivey’s actions are the result of decades of legislative indifference and inaction to adequately address the appalling conditions at Alabama’s correctional facilities.

Even some advocates are working against the prison plan and while their intentions may be good it seem to their hand wringing is almost as disingenuous as lawmakers whining.

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What’s worse are those who spread disinformation to discredit process.

Many good people have worked hard to bring about an end to the state’s barbaric prison system and unfair justice, but lately it seems there is an outright movement to derail much needed change— simply because it’s not enough. As the saying goes, “Don’t let the perfect be the enemy of the good.”

There have been so many false claims and sly manipulations of facts about the prison plan as to make even a hardened journalist want to cry “fake news.”

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But as for Ivey, frankly, my dears, I don’t think she gives a damn.

Here’s the hard truth. The Ivey Administration is building three new men’s prisons, and nothing will stop it. The fact is that three prisons are not enough; the administration should move forward to build a new women’s facility as soon as practicable.

Politics is bound by the art of what’s possible. It is also true that those who never dare the impossible rarely achieve even the possible.

Failing to recognize when the once impossible is coming to fruition is a sad reality. Still, in politics, as in life, good things happen while most people are navel-gazing or complaining.

Having visited three state prisons, St. Clair, Elmore, and Tutwiler, I can say without a doubt, the conditions in those places are a living hell.

A report from the U.S. Department of Justice released in April 2019, found “reasonable cause to believe that Alabama fails to provide constitutionally adequate conditions and that prisoners experience serious harm, including deadly harm, as a result.”

DOJ’s investigation revealed that prisoners were susceptible to “an enormous breath” of sexual abuse and assault but other types of violence as well, including gruesome murder and beatings that went without intervention.

When the state incarcerates a criminal, it assumes custodial care for that individual. No matter how heinous the crime or foul the person, the state has an obligation to feed, clothe, house and provide essential human services for their care and welfare. Another element is often overlooked; when a person is committed to prison, they lose their freedom, not their humanity. Therefore, under the law, they cannot be subject to cruel and unusual punishment.

Building three new men’s prisons is just the start; it must be accompanied by criminal justice reform.

“We are able to have a serious discussion about prison reform in Alabama because we have a governor who is serious about putting solutions into place,” Ivey’s press secretary Gina Maiola recently told APR. “Prison infrastructure is a key part of the equation, but criminal justice reform is also needed,” Maiola said.

By executive order on July 18, 2019, Ivey established the Study Group on Criminal Justice Policy. The Study Group released its findings on Jan 31, 2020.

The Study Group entered its mission with one pressing question; “What policies and programs can the State of Alabama implement to ensure the long-term sustainability of our prison system without jeopardizing public safety?” according to Supernumerary Associate Supreme Court Justice Champ Lyons, Jr., who led the effort.

In a letter to Ivey on the Study Groups finding, Lyons wrote [T]he challenges facing our prison system are exceedingly complex—ranging from the elimination of contraband weapons and drugs to the recruitment, retention, and training of correctional staff to the size of the inmate population and to the physical condition of an aging and far-flung prison infrastructure.” He further wrote, “But having thought through many of these issues with my Study Group colleagues, especially our legislative members, I can report to you that some meaningful answers to this question are not just possible; they are within our grasp.”

Prisons without justice reform is a hollow victory, and the Ivey Administration is committed to bringing about reasonable reforms.

“Prison infrastructure is a key part of the equation,” said Maiola, “but criminal justice reform is also needed.”

The issues facing Alabama’s prisons and criminal justice system are complex, and generations in the making; therefore, arriving at a universally acceptable solution is not imaginable for the moment if ever. But what once seemed impossible is soon to be realized.

No one gets everything they want, but it’s a great step toward getting what is needed simply because it’s possible.

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Bill Britt

Opinion | Amendment 4: Stairway to heaven or highway to hell?

If you wouldn’t trust that august body to manage your checkbook, reconfigure your last will and testament, or redefine the terms of your car loan, then you should vote no.

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Amendment 4 will appear on the Nov. 3 general election ballot asking the voters to approve a constitutional amendment to remove racist language from the 1901 Constitution and recompile other sections for content and clarity.

If you trust state lawmakers to “recompile” the state’s governing document, then vote yes.

If, however, you wouldn’t trust that august body to manage your checkbook, reconfigure your last will and testament, or redefine the terms of your car loan, then you should vote no.

The question is straightforward. Do you trust this Legislature with this important task?

The ballot measures lead sponsors were Sen. Rodger Smitherman and Rep. Merika Coleman, both Black Democrats, and it was passed with an overwhelming majority in both the House and Senate. This would seem to give legitimacy to the claim that at its heart, this is a referendum to remove racist language from the state’s Constitution.

However, Amendment 4 is a Trojan horse to allow the state Legislature to manipulate the state’s Constitution using past racism as cover. (Let’s not forget the recent racially charged monuments preservation act.)

This Amendment isn’t a benign effort to cleaning up the Constitution; it is a way for lawyers, lobbyists and lawmakers to rewrite the Constitution using sleight-of-hand.

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After speaking about the need to eliminate racist words in the Constitution, Coleman actually points to the real reason the Republican supermajority supported the measure.

“Coleman said it’s not just a social issue,” according to reporting by Mary Sell. “But an economic development issue ‘for those of us who want to bring industry, new ideas, new technology, new research, new employees that are diverse into the state of Alabama.'”

The driving force behind the so-called recompilation is mostly about money, bringing more in and for the government to spend it more easily.

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Eradicating racism from the state’s Constitution is a noble effort, but not if it opens the flood gates to more mischief.

In 2012, the Legislature offered a more narrow amendment which claimed to remove racist language from the Constitution only to have it revealed that it also eliminated a child’s right to a state-provided public education.

About that Amendment, also known as Amendment 4, then-Sen. Hank Sanders wrote, ”It proposes to remove racist provisions from the Alabama Constitution that have no real legal impact.”

The indent of the 2012 measure was to do away with a child’s right to public education; removing racist language was simply bait for the unaware.

The same is true of the current Amendment 4 because the offensive words have no bearing on how the state is governed.

The U.S. Constitution contains racist language and holds racist ideals, but they no longer have the weight of law.

“Consider the 14th Amendment. No part of the Constitution speaks more forcefully to the power of law to transform social relations,” notes Richard Albert, a constitutional law professor at The University of Texas at Austin. “It guarantees that no state shall ‘deny to any person within its jurisdiction the equal protection of the laws.’ And yet the Constitution still today counts a slave as ‘three-fifths’ of a person.”

“The First Congress debated whether a constitutional amendment should entail changes to the original text but ultimately chose to record changes in the higher law as sequential amendments to the end of the document,” according to Albert.

The founders determined it was best to leave offense clauses in the text and add amendments to the end; Alabama has followed their example.

Hurtful words matter and should be condemned but protecting citizens from a Legislature who would exploit constitutional change for their own benefit is also dangerous.

Removing racist language from the state’s constitution is morally right, but not if it lets deceptive lawmakers legalize unethical conduct. The state shouldn’t exchange one wrong for another.

Those who support Amendment 4 say that it will not change the Constitution; just cleans it up by removing all racist language; deleting duplicative and repealed provisions; consolidating provisions regarding economic development; and arranging all local amendments by county of application. And nothing in the amendment permits more money to be spent on economic development than is currently available. Those who want to foster greater commercial growth believe that condensing and clarifying sections of the Constitution will help define Alabama as a more business-friendly state.

However, anyone with a rudimentary understanding of textural construct knows that merely moving a comma can dramatically change a sentence’s meaning. Consider the many tricks which can occur with a cut and paste constitution.

For example, “I say to you today, I’m going to give you a million dollars.” That statement means at some point in the future, I’ll give you the money. But, “I say to you, today I’m going to give you a million dollars.” That means you’re going to get cash now. One little comma makes a lot of difference.

Alabama’s 1901 Constitution is some 800 pages long. How many lawmakers have read it; how many will read the “recompiled” Constitution? Most? Like none.

The Legislature asks us to suspend disbelief, pretending that nothing nefarious is going on and that they are sincere, and their intentions are good.

Sincerity is no guarantee of honesty, and as for good intentions, we all know where that leads.

Rock songs say there is a stairway to heaven and a highway to hell. Obviously, rockers understand the traffic patterns better than our lawmakers.

Amendment 4 is a fraud that will weaken the state and lead to further legalized corruption.

The ballot measure is in fact about money and power under the guise of racial equity.

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Bill Britt

Opinion | Gov. Kay Ivey didn’t cave

Ivey stood her ground on Wednesday, refusing to cave to those who want to end the mask order.

Bill Britt

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Gov. Kay Ivey held a Coronavirus update Press Conference Wednesday September 30, 2020 in Montgomery, Ala. (Governor's Office/Hal Yeager)

Gov. Kay Ivey extended the statewide mandatory mask ordinance on Wednesday despite pressure from her party’s right-wing. Nationally and here in Alabama, many Republicans have complained that any restrictions on their behavior during the COVID-19 outbreak is a violation of their individual liberty.

Ivey stood her ground on Wednesday, refusing to cave to those who want to end the mask order. For most of the COVID-19 pandemic here in the state, Ivey has followed health experts’ advice rather than politicos. Standing up to the Republican Party’s right-wing is not an easy task even in the best of times, but these days, with the party more radicalized than ever, Ivey is taking a huge political risk.

But like Shadrach, Meshach and Abednego, she hasn’t bowed, she hasn’t bent, and she hasn’t burned.

These are divisive times when even the best of people seem to be at war over the nation’s direction.

“Give me liberty or give me death” may have been a great rallying cry in 1776; it’s less persuasive as a public health policy.

Lately, some Alabama conservatives sound more like the John Birch Society members than the Republican Party of just a few years ago.

“In the name of fighting the coronavirus, more and more state governors are ruling by decree, curtailing freedoms and ordering residents to stay at home,” says the Birch website.

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The Republican Party in the 1960s deemed Birchers dangerous and severed ties with the group. But like 60s racism, Red-baiting and a fear that socialist are lurking behind every corner, all that’s old is new again.

Not surprisingly, former Alabama Supreme Court Chief Justice Roy Moore is one of the leading voices in the fight to discredit the Ivey administration’s COVID orders.

Senate President Pro Tem Republican Del Marsh is part of the anti-masker movement and has suggested he’d like to see more people become infected to build the state’s overall immunity to the virus.

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Marsh is certainly not alone; there is a motivated mop of miscreants who sees any restriction as an affront to them doing anything they please. Perhaps they can refuse to wear a seatbelt or maybe light up a cigar the next time they are dinning at the county club and show some real radical resistance.

The truth is many of those who condemn masks as an intrusion on personal freedom would happily compel their fellow citizens to pray at school and stand for the national anthem. They are more than willing to regulate liberties when it contradicts their opinion of what is good and wholesome. But heaven forbid they wear a mask to protect others—that is one regulation too far.

Like a pubescent boy, they live in a fantasy world; without consequences.

Anti-maskers are given to a form of herd mentality, which is part of a broader movement to discredit science for political purposes.

Perhaps the most critical job of a governor or lawmaker is the heath and safety of the public.

Masks protect others more than the wearer, and where the “Golden rule” should apply, it is trampled on just like Jesus’ admonition to love our neighbors as ourselves.

But I suspect that many of those who continuously espouse conspiracies, apocalyptic nightmares, and end time prophecies actually don’t like themselves very much and therefore don’t really care about the shared responsibilities we have toward others.

Writing for Business Insider, George Pearkes explains the four different types of liberty, according to David Hackett Fischer’s Albion’s Seed to explain mandatory mask orders.

“Efforts to require masks are a straightforward expression of ordered liberty,” writes Pearkes. “The concept of ordered liberty argues that without structure and a set of rules which are enforced for the common good, society would devolve into chaos.” He further concludes that “Mask orders are quite literally saving society from itself, so that we can be more free than we would if COVID spread even further and faster.”

Ordered liberty can be seen at the heart of Ivey’s policies during the coronavirus plague.

But for anti-maskers, “Live Free or Die” means they are free to do what they want, even if it kills you.

Ivey is putting people ahead of politics. We should wish more would follow her example.

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Bill Britt

Opinion | In Alabama, the past is prologue

Even after 200 years, Alabama’s political approach hasn’t changed much; the fundamentals established by its founders are still evident in everyday politics.

Bill Britt

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Like people, governments have pasts, and today’s fortunes are either furthered or frustrated by the things that came before. It might be said that even history leaves DNA.

Understanding Alabama’s past is essential to navigating its future because its government’s origins determine that the past is prologue.

Even after 200 years, Alabama’s political approach hasn’t changed much; the fundamentals established by its founders are still evident in everyday politics.

Those who observe Alabama’s governing process closely see the same structural problems impede progress year after year. Resistance to home rule and a regressive tax system are just two of the many roadblocks to a more prosperous state.

Some unresolved issues are due to a lack of leadership, but others are inherent within the state’s original governing procedures. Even the state’s architects’ elitist attitude is still prevalent with near total power given to a Legislature dominated by one-party rule. The earlier settlers’ prejudices are enshrined in every process of governing.

Failure to understand, acknowledge, and change the state’s historical patterns hinders advancement, leaving the state nearly dead last in every metric of success. It doesn’t have to be this way, but the cure is always met with fierce rejection because beyond admitting ingrained inequities, any change would upend 200 years of consolidated power.

When Republicans promised a new day in Alabama politics in 2010, some sincerely believed that change was possible. Still, after nearly a decade of Republican one-party rule, there isn’t a substantial difference in governing practice.

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It’s not because good people haven’t tried to make a difference; it’s that there are systematic flaws that thwart reformers while rewarding the status quo.

A region’s founders and its dominant settlers are the creators of what can be called a state’s DNA. Alabama’s government still reflects the make-up of its original colonizers.

Much of the Deep South was established by slave owners who intended to recreate a society based on the Caribbean colonies of Great Britain.

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In his 2011 non-fiction work American Nations: A history of the eleven rival regional cultures of North America, Colin Woodard shows how Deep South states were “Marked by single-party rule, the domination of a single religious denomination, and the enshrinement of a racial caste system for most of its history.” He also writes that these cultures supported regulation on personal behavior while opposing economic restraint.

Today, Alabama’s governance framework and, to a lesser degree, its society is much like the Deep South characteristics Woodard describes.

One Party rule.

A dominant religion.

A racial caste system.

And a willingness to impose regulations on personal behavior while opposing almost every economic restrictions.

Woodward’s findings mirror Alabama’s state government.

Alabama’s central governing power is based on a top-down fraternity where a privileged few hold the reins of authority with a whip hand ready to strike.

Even before statehood, Alabama was regulated by an upper class who built the territory’s economy slave labor. The same class gained even more control after statehood.

“By the antebellum period, Alabama had evolved into a slave society, which…shaped much of the state’s economy, politics, and culture,” according to the Encyclopedia of Alabama.

Slaves accounted for more than 30 percent of Alabama’s approximately 128,000 population when it was granted statehood in 1819. “When Alabama seceded from the Union in 1861, the state’s 435,080 slaves made up 45 percent of the total population,” writes Keith S. Hebert.

The state is currently home to approximately 4.9 million individuals. If 45 percent were slaves today, that would account for around 2.2 million people in bondage.

After the South lost the Civil War, Reconstruction ushered in an era where “a larger number of freed blacks entered the state’s electorate and began voting for the antislavery Republican Party,” according to Patrick R. Cotter, writing for the Encyclopedia of Alabama.

But the old establishment fought back and instituted the 1901 Constitution, which permanently ended any challenge to one-party rule and restored white supremacy in government.

A major feature of the new constitution was a poll tax and literacy tests and other measures to disenfranchise Black people and poor whites.

As Republicans reminded voters in the 2010 campaign cycle, Democrats controlled Alabama politics for 136 years. But these were not liberals; far from it. Alabama’s old Democratic Party for generations was home to racists, not radicals.

It was only over time that the Democratic Party became the diverse collation it is today.

With Republicans holding every state constitutional office and the Legislature, the one-party rule continues as it has throughout the state’s history; only the name has changed.

Looking back over the founding years of Alabama’s history, barbarity is searing, and the atrocities unimaginable. Yet, the fact remains that these early framers thought nothing of enslaving Blacks or treating poor whites as little more than chattel. It shocks our modern sensibilities as it should. Still today, the state continues in a system of government steeped in framers’ institutionalized prejudices.

Famously 19th-century British politician Lord Acton said, “Power tends to corrupt, and absolute power corrupts absolutely.”

Alabama’s fathers wanted a government that gave absolute power to the few at the expense of the many; that is as true now as it was then.

There is a path to a better government, but as Lord Acton also said, “Great men are almost always bad men.”

History may not repeat itself, but politics does, and that is why Alabama’s history is prologue for today.

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