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Opinion | Siegelman wants ruling on Marshall’s campaign finances, and you should too

Josh Moon

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Joseph Siegelman is right.

You know he’s right. Even if you’re a Republican and hate Democrats with all your being, you still know he’s right about Steve Marshall and the $735,000 in campaign contributions.

They’re illegal.

Troy King brought it up first, even filed an ethics complaint against Marshall back in July.

Before that, the executive director of the state’s Ethic Commission went on the record saying that he had told other campaigns that donation such as the ones Marshall accepted were a violation of Alabama law.

Because what Marshall did — no matter whether there’s a D or an R beside his name (and Marshall’s had both in his time) — is illegal in this state.

The law is clear.

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He accepted money from a political action committee (PAC) that participates in PAC-to-PAC transfers in order obscure the identities of original source of donations.

That’s illegal here.

Even if it is done by an out-of-state PAC, it’s still illegal. The law says so.

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Even if it’s done by a 527 group, such as the Republican Attorney Generals Association, it’s still illegal. The law says so.

So, when Steve Marshall, over the course of his re-election campaign, took in $735,000 from RAGA, he violated the law.

Marshall’s camp, of course, disputes this. It says federal PACs, such RAGA, don’t fall under Alabama reporting laws, and that PAC-to-PAC transfers at the federal level are legal.

That’s true. But Alabama law specifically states that an out-of-state PAC must register if it plans to donate to a candidate running for state office, and that PAC must follow Alabama laws.

On Thursday, Siegelman followed King’s lead and asked the Alabama Ethics Commission to do its job. At a press conference in Huntsville, Siegelman called on the Commission to issue a ruling on King’s complaint — a complaint the Commission has so far failed to take up.

The Commission, which meets monthly, won’t take it up prior to the November elections, unless a special meeting is called. There is no November meeting on its schedule.

Siegelman noted that the state has lost its top three officeholders in the last election cycle, with Speaker Mike Hubbard, Gov. Robert Bentley and majority leader Micky Hammond all being booted out of office or resigning over corruption issues. And he said Marshall would be next.

That’s probably not true. Only because holding Marshall accountable would be up to the current incarnation of the Ethics Commission, and well, it’s too busy knocking down fines and legalizing corruption.

But Siegelman is right about everything else.

This is an utter embarrassment for the state — to have its top law enforcement officer so blatantly and willfully skirting ethics laws like this.

Maybe it shouldn’t be a surprise that a guy who accepted donations from Hubbard’s attorney (oh, for real, that happened) and tens of thousands from one of the guys who bribed Hubbard (yep, that’s real too) would take illicit money. But it is. At least to me.

I’m sorry, I know I’ve been around this state for some crazy nonsense, but it’s still a bit shocking to me that the highest law enforcement agent in a state would blatantly and intentionally violate the law.

And it’s even more shocking that he would violate a law that is intended ONLY to make elected officials, such as himself, more accountable to the voters and citizens. And more shocking still that he wouldn’t, once his transgression was pointed out to him, correct himself.

Instead, Marshall attacked King for filing the complaint and attacked Siegelman for “running a negative campaign.” That last criticism came after Marshall’s campaign took a jab at Siegelman’s age and called him a “liberal.”

This is the State of Alabama’s Attorney General.

Think about that.

The state’s top law enforcement agent has, at the absolute best, violated the spirit of a law designed to keep the voting public more informed about who’s buying elected officials. And when this transgression was pointed out, the AG started attacking people for ridiculous things and refused to correct anything.

At a point, you have to ask: If Steve Marshall is willing to do this, what else is he willing to do?

 

Josh Moon is an investigative reporter and featured columnist at the Alabama Political Reporter with years of political reporting experience in Alabama. You can email him at [email protected] or follow him on Twitter.

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Elections

Prisoners quarantined at formerly closed prison kept in unconstitutional conditions, groups say

Conditions are so bad that inmates have been forced to urinate and defacate on themselves because restrooms are not accessible, the complaint alleges.

Eddie Burkhalter

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The male intake area at an ADOC facility. (VIA ADOC)

The Alabama Department of Corrections is violating the constitutional rights of inmates being quarantined in deplorable conditions in the previously decommissioned Draper prison, several civil rights groups wrote in a letter to the state’s prison commissioner.

The ACLU of Alabama, the Southern Center for Human Rights, Alabama Appleseed and other groups in a letter to Alabama Department of Corrections Commissioner Jeff Dunn on Thursday detail those conditions, which include no indoor toilets or running water, repeated power outages, deprivation of regular showers and the requirement of incarcerated men to urinate in “styrofoam cups and plastic water” bottles.

“These conditions fail to meet the most basic constitutional standards and present a substantial risk of serious harm to people already suffering from a potentially fatal disease,” the letter reads. “We therefore request that you immediately cease using Draper to house and/or quarantine COVID-19 patients, and instead house them in medically appropriate settings in accordance with Eighth Amendment standards.”

The groups note that Draper was closed after the U.S. Department of Justice, during its investigation of violence in Alabama prisons, noted Draper as exceptionally “dangerous and unsanitary” with “open sewage” near the entrance, rat and maggot infestations and “standing sewage water on the floors.”

In October 2017, the Justice Department informed ADOC of the department’s shock at the state of the facility and a month later ADOC’s engineer concluded that Draper was “no longer suitable to house inmates, or to be used as a correctional facility,” the letter states.

ADOC reopened a portion of Draper earlier this year to house incoming inmates from county jails being quarantined amid the COVID-19 pandemic, but the civil rights groups note in the letter that ADOC failed to indicate plans to also use a classroom without bathrooms, running water or adequate medical care at Draper to house COVID-19 patients from other state prisons.

The groups allege in the letter that approximately 15 cots are located in the approximately 500 square feet former classroom, where at any given time between 5 and 15 inmates are being kept. The only restroom facilities the men can use are portable bathrooms outside, and the men have to “bang on the classroom windows to get officers’ attention.”

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“Though officers sometimes escort the men when asked, they decline at other times and fail to maintain a schedule; thus, the men do not have access to bathroom facilities when needed,” the letter reads, adding that the men aren’t allowed to use the outdoor restrooms between 10 p.m. and 6 a.m.

“We have further reason to believe that one man was permitted to use the bathroom only three times during a 13-day quarantine. Another man was not taken to the bathroom until his third day at Draper, while another was forced to urinate on himself on multiple occasions after being denied bathroom access,” according to the letter. “One man suffering from diarrhea was forced to wait hours to use the restroom to defecate. Many others could only relieve themselves into styrofoam cups, plastic bottles, portable urinal containers, or trash cans.”

“They had to hold onto urine-filled bottles for hours at a time until they were allowed to leave the classroom to empty them. It is also our understanding that some men held in these conditions did not receive bottles at all; correctional officers simply told these men that they were ‘out of luck,’” the letter continues.

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The letter also details instances of alleged inadequate medical care, including a man who was sent to a local hospital with heart attack symptoms after not receiving his heart medication for several days.

The groups are also unaware of any Inmates leaving Draper who were tested for COVID-19 before being returned to Elmore and Staton prisons, the letter also states.

“We also have reason to believe that many of the symptomatic men at Staton and Elmore have not reported their symptoms to prison staff for fear of being held at Draper in the deplorable conditions described above,” the letter continues.

APR has learned from several sources in recent weeks, who asked not to be identified because they have loved ones in Alabama prisons and are fearful of retributions for speaking out, that many inmates who have symptoms of COVID-19 aren’t reporting those symptoms to prison staff for fear of being quarantined. Those family members are concerned that the disease is spreading much more broadly in Alabama prisons than is known as a result, putting their loved ones at greater risk of contracting the deadly disease.

Many of the concerns expressed in the letter were first reported by AL.com reported on Sept. 13, which found that access to medical care in Draper is limited and the conditions unsanitary.

In a response to AL.com’s questions for that article, an ADOC spokeswoman wrote that inmates at Draper have access to “medical and mental health care, telephones, law library, mail services, and showers.”

“Please remember — Inmates remanded to our custody have been convicted of a crime and handed a sentence to serve time as determined by a court. The unfortunate reality is that he or she, as a result of the crime committed and subsequent conviction, loses his or her freedoms,” ADOC said in the responses.

“This response is unacceptable as a matter of principle, and inadequate as a matter of law,” the letter from the civil rights group states.

“As ADOC knows, the fact of a criminal conviction does not strip incarcerated people of their rights under the Eighth Amendment, nor does it relieve ADOC of its constitutional obligations to the people in its custody, which are to provide them with ‘humane conditions of confinement,’ ‘adequate food, clothing, shelter, and medical care,’ and ‘reasonable safety,’” the letter continues.

On Sept. 16, ADOC reported that there have been 403 confirmed COVID-19 cases among inmates, 21 deaths of inmates after testing positive for COVID-19, and 375 cases among prison staff. Two prison workers have died from COVID-19, ADOC previously said.

As of Sept. 14, there had been 1,954 inmate tests for coronavirus, out of the approximately 22,000 state inmates, according to ADOC.

ADOC on Sept. 16 said that on Thursday the department was to begin rolling out a plan to provide free COVID-19 tests to ADOC staff and contracted healthcare staff using fixed and mobile testing sites.

“In addition, we will test all inmates in facilities that house large numbers of inmates with high risk factors as an enhancement to our current testing protocols,” ADOC said in a press release.

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Elections

Alabama Democrats: Tuberville doesn’t have a plan or experience

Brandon Moseley

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U.S. Senate candidate Tommy Tuberville (VIA TUBERVILlE CAMPAIGN)

The Alabama Democratic Party on Wednesday released a statement slamming Republican Senate candidate Tommy Tuberville for not commenting on Hurricane Sally.

Tuberville is challenging U.S. Sen. Doug Jones, D-Alabama, in the Nov. 3 general election.

“Tommy Tuberville said he didn’t have a clue how to address the deadly COVID-19 pandemic, so it isn’t surprising that he hasn’t offered a single word for the Gulf Coast in the face of a life-threatening storm,” said Wade Perry, the executive director of the Alabama Democratic Party. “He doesn’t have a plan or the experience to tackle an actual crisis. Unlike our own U.S. Senator Doug Jones.”

The Jones campaign has seized on the “Tommy Tuberville does not have a clue” narrative, trying to make the argument that Tuberville, a career football coach who has never held a public office before, lacks the experience necessary to represent the people of Alabama in the U.S. Senate.

Jones used that line several times at a Labor Day appearance in Leeds.

“Senator Jones was on the ground in Lee County after devastating tornadoes and worked across party lines to secure emergency relief for farmers and families in the Wiregrass,” Perry said. “He will always be there to help Alabamians navigate a crisis and save lives— he always has, and always will.”

The Tuberville campaign disputed the ADP narrative.

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Hurricane Sally devastated Dauphin Island in Mobile County as well as Gulf Shores, Orange Beach, and Fort Morgan in coastal Baldwin County when it came ashore as a category two hurricane with 105 miles per hour winds.

Sally then inundated South Alabama, West Florida and Georgia with heavy rain, leading to localized flooding. Several roads were closed on Thursday across South Alabama due to flooding including in Troy, Andalusia and Opp.

Almost 200,000 Alabama homes lost power due to the storm. Alabama Power crews are still working to restore power to customers who lost power.

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Jones defeated former Chief Justice Roy Moore in a 2017 special election. This was the only time that a Democratic candidate had won any statewide race in Alabama since 2008.

Jones and his allies led an effort to topple the then-existing leadership of the Alabama Democratic Party in 2019. The new chairman of the Alabama Democratic Party, State Rep. Christopher England, D-Tuscaloosa, is trying to make the case that times have changed and the state has two viable political parties.

Republicans are targeting Jones, a Democratic senator representing a very red state. Democrats are hopeful that they can hold Jones’ seat and take control of the U.S. Senate.

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Elections

Secretary of State extends absentee voting for Senate District 26 special election

Staff

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(STOCK PHOTO)

Secretary of State John Merrill has officially extended the opportunity for anyone concerned about COVID-19 to apply for and cast an absentee ballot for the Senate District 26 special election.

The special primary election for Senate District 26 will be held on Tuesday, Nov. 17. If necessary, a runoff election will be held on Tuesday, Dec. 15. The general election will be held on Tuesday, March 2, 2021.

Any qualified voter who determines it is impossible or unreasonable to vote at their polling place shall be eligible to check the box on the absentee ballot application that is most applicable to that individual.

State law allows the secretary of state to issue absentee voting guidance during declared states of emergency, allowing Merrill to encourage voters to check the box which reads, “I have a physical illness or infirmity which prevents my attendance at the polls. [ID REQUIRED]” unless another box applies.

For the Nov. 17 primary election, the deadline to apply for an absentee ballot is Thursday, Nov. 12. If delivered by hand, absentee ballots must be returned by Monday, Nov. 16. If delivered by mail, absentee ballots must be postmarked by Monday, Nov. 16.

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Economy

Inaugural Alabama Works innovator awards presented

Staff

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(VIA ALABAMA WORKS)

The inaugural AlabamaWorks! Innovator Awards were presented by Gov. Kay Ivey and Deputy Director of Commerce and AIDT Director Ed Castile Thursday during the AlabamaWorks! Virtual Conference.

The awards were developed to highlight people and programs across the state that take an innovative approach to solving workforce challenges and help advance Ivey’s Success Plus attainment goal of adding 500,000 highly skilled workers by 2025.

At the time of the inception of the awards, Alabama was unaware of the impact COVID-19 would have on the workforce and although the attainment goal has not changed, our economic and workforce recovery post-COVID-19 will hinge on innovators like those recognized.

“The workforce challenges that we face today are not the same ones that we faced six months ago due to the COVID-19 pandemic that has completely reshaped the workforce landscape,” said Gov. Kay Ivey. “The State of Alabama is relying on those who are leading the charge by implementing innovative solutions in their cities, counties and regions to further economic and workforce development.”

The recipients are visionaries, outside-of-the-box thinkers and problem solvers. The programs test boundaries, explore new opportunities and reach deeper to bring about change. “It is important to recognize these leaders of innovation and to thank them for their hard work and dedication to the citizens, communities and industries of Alabama,” said Ed Castile, deputy director of commerce and AIDT director. “Their innovative approach to workforce development will be key to opening doors, breaking barriers and propelling Alabamians forward.”

The recipients of the first-ever AlabamaWorks Innovator Awards are as follows:

Region 1 – North AlabamaWorks – Beth Brumley, Colbert County Schools

Beth Brumley built the Health Science Program for Colbert County Schools from the ground up by using her experience in the healthcare field to provide critical, real-world skills to her students. She developed key relationships within the healthcare community to provide her students enhanced learning opportunities and exposure, which resulted in increased demand for program graduates. Beth was also named the 2020 National New Teacher of the Year through the Association for Career and Technical Education. By bridging the gap between education and employer, Beth has created a formula for success that positively impacts the workforce.

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Region 2 – East AlabamaWorks – The Sylacauga Alliance for Family Enhancement (SAFE)

SAFE has been a model for supportive services to empower individuals and families while fostering positive and healthy development of the community for nearly 25 years. In their program, SAFE combines occupational and employability skills to help job seekers be ready to enter the workforce regardless of barriers they may have faced in the past. Their dedication to providing practical solutions to modern problems is a testament to their heart for service and passion for helping their community and region.

Region 3 – West AlabamaWorks – Dr. Mike Daria, Superintendent Tuscaloosa City Schools

Dr. Daria has played a crucial role in the success of West Alabama’s workforce development by fostering important relationships between industry and education. His leadership has focused on increased Career Technical Education (CTE) enrollment, supporting local Worlds of Work events and the Educator Workforce Academy. Dr. Daria’s emphasis on the importance of identifying career pathways for the students in his district and then providing viable opportunities for students to take those paths, make him invaluable to West Alabama.

Region 4 – Central Six AlabamaWorks – Ed Farm

Ed Farm is the signature program of TechAlabama that focuses on encouraging children and adults to discover and pursue STEM careers. Ed Farm has a vision for a world full of invention, led by citizens who have been equipped with the necessary tools to fill or create the careers of the future. Through equipping educators and communities with innovative tools, strategies and programs they are able to support active learning for all students. With three signature tracks, Ed Farm is poised to help increase educational equity and improve learning outcomes through technology all while preparing the future tech workforce.

Region 5 – Central AlabamaWorks – Tiger Mochas, Auburn City Schools

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Tiger Mochas is a collaborative effort between special education students, FCCLA (Family, Career, and Community Leaders of America) members and peer volunteers at Auburn High School. This student-led organization is serving up a lot more than hot cups of coffee to their peers because through their work, students are provided meaningful, hands-on work experience that teaches important functional, social and daily living skills. Graduates of the program leave with not only work and employability skills, but in-demand soft skills that will help them succeed in life and work.

Region 6 – Southeast AlabamaWorks – WeeCat Industries

WeeCat Industries uses a simulated workplace model to meet the growing demand for a skilled workforce. WeeCat saw an opportunity to begin teaching work ethics and employability skills as early as preschool, and rose to the challenge. Their students clock into work, run an assembly line, fill orders, check invoices, meet production quota, interview for new positions and implement quality control all while earning a “paycheck” to be spent at the WeeCat Store before they can even spell the word “school”. WeeCat Industries places invaluable skills at a crucial age in development which will shape the future of the workforce.

Region 7 – SAWDC AlabamaWorks – Ed Bushaw

Ed Bushaw with the South Baldwin Chamber of Commerce researched and developed initiatives to address the region’s workforce supply to meet the needs of the growing hospitality and tourism industry in his region. His collaborative efforts with business and industry officials resulted in the development of the first Hospitality and Tourism registered apprenticeship program in Alabama. Apprentices receive classroom instruction as well as valuable real-world experience within the hospitality and tourism industry and finish the program with a credential that can be used to advance their career. Ed’s ability to adapt to the needs of industry and implement programs that address those needs are vital to the continued success of southwest Alabama.

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