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Legislative Pay Bill Sparks Senate

Susan Britt

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By Susan Britt
Alabama Political Reporter

MONTGOMERY–On Tuesday,  Senator Phil Williams (R-Rainbow City) introduced a bill (HB276) on the Senate floor which quickly turned into a heated debate.

House sponsor Representative Mike Ball (R-Huntsville) saw the bill through the House that would “repeal existing laws regarding the compensation and expense reimbursement of the members of the

Legislature; to provide for the basic compensation of members of the Legislature; and to provide for the reimbursement of expenses for legislators on the submission of signed vouchers in the same manner as state employees.”

Democratic Senate Minority Leader Roger Bedford (D-Russellville) rose to the podium with several amendments prepared for the bill to repeal the 2007 pay raise in addition to providing Legislative compensation be tied to median household income.

Sen. Bedford said to Sen. Williams, “You talk about historic trust and establishing it at a higher level but isn’t it a fact that this is just a backdoor pay raise that by 60 percent of people down here are going to get more money under your plan and more importantly, Sen. Williams, that this is such a change in how we are going to do business in Alabama why is yours rigged so that people who vote it down would keep the 62 percent pay raise?”

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He contended that since many Senators had used repeal of the pay raise as part of their campaign platform that it should be included. Bedford was one of the architects of the 2007, 61 percent pay raise for the Legislature and at that time spoke in support of it. Bedford not only took the 2007 pay raise, but this year’s cost-of-living raise.

The motion that the first amendment repealing the 2007 pay increase be tabled was tied at a vote of 17-17 (See vote count below). A point of order was called asking if the Lt. Governor could break the tie vote. The desk said that there was not a requirement. Motion to adopt the amendment to repeal the 2007 pay increase passed 18-16.

“I was disappointed that the debate on my bill in the Senate turned into a circus. However, it did serve to remind me how good it is to be a House member rather than a senator,” said Rep. Ball.

Many said this was all in an effort to force the Senate members to go on record so it could be used against them later.

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“Yesterday, as I have said in the papers, I think was the worst bit of hypocrisy I have seen,” said Senate President Pro Tem Del Marsh (R-Anniston). “A lot of the votes that were made yesterday and the amendments that were offered were just people positioning themselves, posturing themselves, in my opinion to try to embarrass some people or make themselves look good when in reality most of the people making those amendments, if you look at it, have taken that pay raise from day one that could have refused it from day one. I hope the people look at these legislators, the way they voted and how the have actually conducted themselves since that pay raise took place.”

Not only would SB276 reduce the Legislative salaries but it would restrict expenses of Legislators to the level allowed for state employees. Also, only out-of-district travel expenses would be allowed and any legislator residing within a 50 mile radius would not be allowed to claim expenses for travel to and from the Capital.

The bill will have a stipulation that if any pay raises take place in the future, they can not be accepted until the next quadrennium begins.

“I will promise you that the legislation that came out of the Senate will go back to the House, I have talked to the Speaker, they will non-concur,” said Pres. Pro Tem Marsh. “Once that takes place it will come back to the Senate. We will cede with their wishes and go back to conference where we will fix it pretty much the way the bill is which basically sets a median pay scale based on the median wage of Alabamians.

“I am very hopeful. At least it did get out of the Senate. I am very hopeful, as a matter of fact, I am about as certain as you can be in this process that we are going to come out of conference with a good bill. Very similar, very close to what we passed in the House that the people of Alabama can support,” said Rep. Ball.

Pres. Pro Tem Marsh said, “All of those [parts of the bill] are based on a lot of hard work from [Sen.] Phil Williams and [Rep.] Mike Ball in the House who studied how other states are handling this issue. I think that is where we are going to head to get back to that type of bill and hopefully put it on the ballot in November for people to vote on it.”

The bill will go back to the House. The Speaker will non-concur leaving it to be sent to joint committee.

Tuesday’s Votes to Table Amendment Repealing 2007 pay increase: 

Voted in Favor

Did not take 2012 pay raise:

Allen, R, $47,496

Beason, R, $49,296

Marsh, R, $27,360

Orr, R, $43,428

Reed, R, $49,296

Scofield, R, $49,296

Taylor, R, $27,360

Ward, R, $47,496

Williams, R, $40,800

Brewbaker, R, $27,360

Bussman, R, $49,296

Glover, R, $49,296

Holtzclaw, R, $49,296

McGill, R, $49,296

Pittman, R, $51,096

Sanford, R, $49,296

Waggoner, R, $47,496

 

 

Voted Against

Did not take 2012 pay raise:

Blackwell, R, $41,904

Brooks, R, $27,360

Holley, R, $40,368

Dial, R, $49,296

Whatley, R, $49,296

Dunn, D, $50,088

Figures, D, $47,496

Irons, D, $49,296

Beasley, D, $49,296

Smith, I, $50,904

 

Took 2012 pay raise:

Coleman, D, $50,904

Smitherman, D, $51,696

Sanders, D, $50,088

Bedford, D, $50,088

Fielding, D, $49,296

Keahey, D, $48,288

Singleton, D, $50,088

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Jones says Senate race a choice between “substance and leadership, and nothing”

“One of the great disappointments in this campaign is that Alabama is not really getting choices between substance and substance,” Jones said.

Eddie Burkhalter

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Incumbent Sen. Doug Jones speaks at a rally in Anniston. (EDDIE BURKHALTER/APR)

Speaking outside the Calhoun County Democratic Party headquarters in Anniston on Friday, Sen. Doug Jones, D-Alabama, told a group of supporters that Alabamians haven’t gotten a look at what his Republican opponent might do if he wins the Nov. 3 election. 

“One of the great disappointments in this campaign is that Alabama is not really getting choices between substance and substance,” Jones said. “They’re getting a choice between substance and leadership, and nothing — nothing. We have not heard anything from Tommy Tuberville about what he really wants to do.” 

While Jones has held numerous interviews with the media, and regular web briefings over the summer and in recent weeks, Tuberville’s campaign seems to prefer the safety of keeping Tuberville from making possible gaffs or damaging statements in interviews. 

Tuberville hasn’t agreed to interviews with traditional media outlets, or to debate Jones, and instead has focused on conservative talk radio spots, speaking to smaller Republican groups and at private parties.

Tuberville’s campaign has ignored or denied our numerous attempts to interview Tuberville, including another request on Friday. He also declined to attend a student forum held at Auburn University on Wednesday, which Jones attended. The forum was sponsored by the Auburn College Republicans and College Democrats.

“If you ever hear something Tommy Tuberville says, it is just simply this: ‘Build a wall. No amnesty. Drain the swamp.’ That ain’t him. That’s Donald Trump,” Jones said. “He cannot think for himself. He doesn’t think for himself.” 

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Jones spoke of his record of working to help veterans through legislation. And he referred to Tuberville’s nonprofit for veterans and reporting that indicates, through tax records, that less than a third of the money raised for Tuberville’s charity went to help veterans. 

“I don’t just create charities and send only pennies on the dollar. I do things for the veterans of this state and this country,” Jones said. 

Jones also made a case for Alabamians to remember the contributions past Democrats made in the state. Jones said it was Democratic Sen. John Sparkman who helped build Alabama’s Redstone Arsenal. 

“It was a Democrat, Lester Hill, who built the rural hospitals around here that Donald Trump and Mitch McConnell and Tommy Tuberville are trying to destroy,” Jones said. “It was Howell Heflin who built up agriculture in this state. Those are the Democrats. It was Franklin Rosevelt that put electricity in this state. We’re going to do the same thing for broadband. People forget those things. They forget those things because we’ve let other people define us with lies.”

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Jones plans to visit Jefferson County on Saturday, then on to the Black Belt and Mobile on Sunday with another stop in Birmingham on Monday afternoon. 

“The goal is to get everybody out. That’s the thing if we want to continue to ensure Alabama moves forward — moves forward and not backwards, to continue to have somebody, if I do say so myself, somebody that’s just not going to damn embarrass us,” Jones said.

Supporters of Democratic Sen. Doug Jones rally in Anniston on Oct. 30, 2020. (EDDIE BURKHALTER/APR)

“We’ve had too much of that in Alabama,” Jones said, “and I bet you it won’t be a year that Tommy Tuberville would be an embarrassment to this state because he doesn’t know the issues. He doesn’t know what to do, and he’s dang sure not going to know what to do when Donald Trump is not president of the United States.” 

Jones encouraged supporters to be skeptical of recent polling. One such recent poll, by Auburn University at Montgomery, puts Tuberville ahead of Jones by 12 percentage points, 54 to 42.1. An internal poll by Tuberville’s campaign puts Tuberville ahead by 15 percentage points, while an internal poll from the Jones camp put Jones ahead by one percentage point. 

“Don’t listen to these polling folks that come in, and they don’t know Alabama, and they don’t know what they’re doing. We’re tracking this race, and I can tell you, everything has been moving in our direction the last two months,” Jones said. 

People standing along roadsides holding his signs and showing support, Jones said, is “the energy we’ve got out there. That’s what you can’t poll.”

Ellen Bass of Anniston, standing outside the Calhoun County Democratic Party headquarters just after Jones spoke, told APR that she has numerous Republican friends who are voting for Jones.

“My hat’s off to them because they’re coming out,” Bass said. “They recognize that he is a better candidate.”

Ciara Smith, 21, newly elected to the Anniston City Council, told APR outside the headquarters building that Jones is the better candidate.

“I think that he’s educated. I think that he speaks with passion and heart,” Smith said. “And he knows what he’s talking about, which is important, and which is more than we can say about the other candidate.”

Speaking to APR after his speech to supporters, Jones said that he feels very good about the state of his campaign.

“Everything we’re seeing is moving in our direction,” Jones said. “And the more he stays hidden, the better it is for us.”

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Crime

Inmate assault injures two St. Clair prison correctional officers

The assaults happened at approximately 7:30 p.m. and both officers were taken to a local hospital and treated for those non-life-threatening injuries.

Eddie Burkhalter

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(STOCK PHOTO)

Two correctional officers at St. Clair Correctional Facility were injured in an inmate-on-officer assault on Monday, the Alabama Department of Corrections confirmed to APR.

Among the two officers who sustained non-life-threatening injuries was a basic correctional officer (BCO), a position created in May 2019, who are not Alabama Peace Officers Standards and Training Commission (APOST) certified and who cannot transport inmates, work perimeter fencing or in towers.

The other officer injured was a full correctional officer, Alabama Department of Corrections spokeswoman Samantha Rose told APR in a message Friday. The assaults happened at approximately 7:30 p.m. and both officers were taken to a local hospital and treated for those non-life-threatening injuries and subsequently released, according to Rose.

“The ADOC condemns all violence in its facilities, and the actions taken by the inmate against ADOC staff are being thoroughly investigated,” Rose said. “As the investigation into this incident is ongoing, we cannot provide additional detail at this time. More information will be available upon the conclusion of our investigation.”

The ADOC created the new basic correctional officer position to bolster the state’s woefully understaffed prisons. The creation of the position was also at the suggestion of experts ordered by a federal court to study the department’s staffing problems, ADOC attorneys wrote to the court in a filing in 2019.

The ongoing lawsuit is over the state’s handling of mental health in prisons.

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The Southern Poverty Law Center and the Alabama Disability Advocacy Program filed the 2014 suit arguing the state was indifferent to the health of inmates dying by suicide in greater and greater numbers.

Attorneys for the plaintiffs in June argued that ADOC was far behind on the court-ordered hiring new additional officers. It has been more than two years since U.S. District Judge Myron Thompson ordered the Alabama Department of Corrections to hire an additional 2,000 correctional officers by 2022.

U.S. District Judge Myron Thompson in a previous opinion wrote that prison understaffing “has been a persistent, systemic problem that leaves many ADOC facilities incredibly dangerous and out of control.”

“Taken together, ADOC’s low correctional-staffing level, in the context of its severely overcrowded prisons, creates a substantial risk of serious harm to mentally ill prisoners, including continued pain and suffering, decompensation, self-injury, and suicide,” Thompson’s previous opinion continued.

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The SPLC in court filings late last year expressed concern over the use of basic correctional officers in Alabama’s overcrowded and understaffed prisons. ADOC attorneys have argued to the court, however, that BCO’s are adequately trained to do their jobs and are needed for the department to hire the necessary number of officers per the court’s timeline.

In a court filing on Thursday, attorneys for the plaintiffs asked the court not to again delay site visits to Alabama prisons by two experts who are tasked by the court to determine which positions should be filled by correctional officers and which by BCO’s and which by another new position, called cubical correctional officers, who are to have no direct interaction with inmates.

Those visits were to begin in May, but both parties in the suit agree to wait due to the COVID-19 pandemic and the threat it posed to the experts, who are particularly vulnerable to the disease due to “age and other factors,” according to court records.

Both parties again agreed to postpone those visits in June for those same reasons, those records show. ADOC seeks a third extension but attorneys for the plaintiffs argue that the experts can visit the prisons while keeping themselves, prison staff and inmates safe from harm of COVID-19 and that thousands of employees and contractors enter Alabama prisons daily.

The plaintiff’s attorneys argue in the court filing that the expert guidance is needed because ADOC wishes to use BCO’s and cubical correctional officers to comply with the court-ordered hiring of additional staff by Feb. 20, 2022.

“Ensuring adequate staffing is of upmost importance to address the constitutional violations underlying mental health care within ADOC,” the plaintiffs’ attorneys wrote to the court Thursday.

ADOC in May was employing 494 BCO’s, a 57 percent increase in the number of BCO’s employed in Oct. 2019, according to ADOC’s staffing numbers. The number of correctional officers working in Alabama prisons fell by two percent during that time, dropping from 1,319 to 1,287.

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Elections

Slow absentee voting in Tuscaloosa sparks outrage, possible legal action

Among the issues were incredibly long lines that left some voters waiting more than five hours and an inefficient process that managed to take in fewer than 100 absentee ballots in six hours. 

Josh Moon

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(STOCK PHOTO)

Long lines and slow absentee ballot processing in Tuscaloosa County have left voters outraged and incumbent Sen. Doug Jones’s campaign threatening legal action. 

On Wednesday, Jones’s campaign attorney, Adam Plant, sent a letter to Tuscaloosa County Circuit Clerk Magaria Bobo, outlining a number of issues with ongoing absentee voting and promising to take legal action if Bobo doesn’t improve the process on the final day, Friday. Among the issues documented by Plant were incredibly long lines that left some voters waiting more than five hours and an inefficient process that managed to take in fewer than 100 absentee ballots in six hours. 

Additionally, Plant noted that Bobo has hired her family members to help process absentee ballots and at least one family member had made disparaging remarks on social media about voters. 

“You and those acting on your behalf are suppressing the vote of qualified Alabama voters,” Plant wrote in the letter. “If you are unable or unwilling to execute your duties competently, and allow Tuscaloosa voters to exercise their voting rights without undue burdens, we will take further action.”

In an interview with the Montgomery Advertiser on Wednesday, Bobo noted that her office had received more than 13,000 requests for absentee ballots — a remarkable uptick from the 3,000 or so her office usually receives — and there had been problems in managing that number of ballots while also adhering to social distancing guidelines within the office. 

However, as Plant’s letter notes, the massive increase in absentee ballots for this election shouldn’t have been a surprise. Also, Secretary of State John Merrill had made additional funds available to absentee managers to facilitate hiring extra staff, purchasing additional computers and staying open for longer hours to accommodate the anticipated increase. 

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In a press release on Wednesday, the Alabama Democratic Party criticized Bobo and her family members, and the release included screenshots of Facebook posts from Bobo’s daughter lashing out at voters who complained about the long wait times. 

“No voter should have to wait in line for hours to exercise their rights,” said ADP executive director Wade Perry. “We should leverage every tool we have to make voting easier, not harder. Also, it should go without saying that election workers should not insult the very people they are employed to serve. If Ms. Bobo is incapable of processing voters quickly, someone else needs to do the job.”

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Elections

Jones campaign calls Tuberville a “coward” after no-show at Auburn forum

“Tuberville is hiding because he knows that on every front — policy, experience, character, competence — he loses to Doug Jones. Hands down,” Jones’s campaign said.

Brandon Moseley

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Sen. Doug Jones, left, and Senate candidate Tommy Tuberville, right.

There are only four days left before election day, and incumbent Democratic Sen. Doug Jones’s re-election campaign is slamming Republican challenger Tommy Tuberville, accusing him of “hiding” and calling him a “coward.”

On Wednesday, Jones addressed an Auburn University forum. Tuberville did not attend.

“Tonight, the College Democrats and College Republicans at Auburn University co-hosted a debate between Doug Jones and Tommy Tuberville, offering students a chance to ask the candidates about the issues that matter most to Alabama,” the Jones campaign said in an email to supporters. “But Tuberville never showed up – he’s too scared to face Doug… even on his own home turf. Tuberville has repeatedly refused to debate Doug Jones. He’s consistently refused to be interviewed by the press. He’s refused to tell Alabama the truth about who and what they’re voting for – and it’s clear why.”

“Tuberville is hiding because he knows that on every front — policy, experience, character, competence — he loses to Doug Jones. Hands down,” the campaign continued. “If he won’t tell the truth, we will. Tuberville expects to win this race off of his blind allegiance to the President and his party affiliation. But Alabamians know better.”

“People deserve to know who they’re really voting for if they vote for Tuberville: someone who … won’t protect our health care, doesn’t believe in science, has no idea what the Voting Rights Act is, and doesn’t care about the lives and livelihoods of Alabamians,” the Jones campaign concluded. “Alabama will never elect a coward. Pitch in now and help us spread the truth about the man hiding behind the ballot.”

“I am disappointed that Tommy Tuberville is not here,” Jones said. “I think it is important that people see two candidates side by side answering the same questions.”

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Tuberville meanwhile is canvassing the state, speaking to rallies and Republican groups to turn out the Republican vote for himself and President Donald Trump. Tuberville spoke at Freedom Fest in Madison County on Thursday and at the Trump Truck Parade rally in Phenix City.

“It’s time Alabama had a U.S. senator who represents our conservative beliefs and traditional values,” Tuberville said in Phenix City. “It’s time Alabama had a U.S. senator who supports the Second Amendment, the right to life, and putting God back in the classroom.”

Polling consistently shows Tuberville with a commanding lead over Jones. Real Clear Politics lists the race on their current board as a likely Republican win. FiveThirtyEight’s election model gives Tuberville a 79 percent chance of defeating Jones.

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