David Burkette has resigned his Alabama Senate seat as part of a deal with prosecutors in an ethics investigation.
The Montgomery Democrat submitted a resignation letter to Gov. Kay Ivey on Tuesday afternoon, but he refused to reveal specifics to state media outlets. A source familiar with the investigation told APR that Burkette’s resignation is part of a deal that would reduce or eliminate any jail time.
“Governor Ivey is disappointed, but firmly supports the rule of law, and particularly in this situation where there has been a clear misuse of public trust,” said Gina Maiola, a spokesperson for Ivey’s office.
Attempts by APR to reach Burkette late Tuesday were unsuccessful, but he told Alabama Daily News that he couldn’t speak about his conversations with prosecutors because of a confidentiality agreement.
Burkette has been the focus of an ethics investigation for more than a year. A complaint filed against Burkette nearly two years ago alleged that while serving on the Montgomery City Council, Burkette directed tens of thousands of dollars in council discretionary funds to suspect charities and also directed funds to his wife’s sorority.
The Alabama Ethics Commission ruled 4-0 last October to refer allegations against Burkette for prosecution. At the time, Montgomery District Attorney Daryl Bailey said the Alabama Attorney General’s Office would handle the investigation.
It is unclear if Burkette’s current plea deal is limited to only those allegations.
Burkette’s resignation is a disappointing conclusion to a Senate tenure he fought hard to get. Vying for a seat vacated by former State Sen. Quinton Ross, who left to become president at Alabama State University, Burkette won 11 races over the course of six months, beating out longtime State Rep. John Knight in most of them.
Former state senator arrested on charges of violating campaign finance laws
David Burkette has been officially arrested. The former state senator from Montgomery, who resigned on Tuesday as part of a plea deal with the Alabama Attorney General’s Office, was formally charged on Thursday with a single misdemeanor count of violating the Fair Campaign Practices Act.
According to a press release from the AG’s office, Burkette’s charge stems from him depositing campaign donations into his personal account instead of into his campaign accounts, as required by the FCPA. The alleged crimes occurred in 2015 and 2016 when Burkette was serving on the Montgomery City Council.
“The complaint alleged that, in 2015 and 2016 while running for the Montgomery City Council, Burkette intentionally failed to deposit $3,625.00 in campaign contributions into his campaign checking account, and instead, deposited or cashed those contributions into or against his personal bank account,” the AG’s release stated.
The single misdemeanor charge is surprising given the lengthy list of allegations against Burkette submitted to the Alabama Ethics Commission. APR obtained a copy of the original report, which was submitted in October 2018.
In addition to more than $40,000 in allegedly improperly spent council discretionary funds that were flagged by auditors for the city of Montgomery, Burkette was also accused of inappropriately donating tens of thousands more to suspect charities and two sororities, including his wife’s.
The Ethics Commission referred Burkette’s case to the AG’s Office in October 2019.
Pro-Growth Conference kicks off with Doug Jones, discussions on COVID impact and a living wage
What happens if you just give impoverished citizens $500 per month — no strings attached? Good things, it turns out. The people use that income to buy food, medicine and basic necessities for life. They take a day off work if they’re sick and actually get treatment. They quit a second, hourly-wage job that they are overqualified for and instead work towards obtaining a better, higher-paying primary job.
These are things that the city of Stockton, California, has learned in its year-long living wage program.
The program, while limited in size — only 125 people — has proven to be a larger success than city officials had hoped, and it has opened their eyes to a new, more proactive style of governance, Stockton Mayor Michael Tubbs told Alabama elected officials.
Tubbs was the featured speaker on Tuesday at the first day of the Pro-Growth Policy Conference, a three-day forum for Alabama elected leaders with guest speakers from around the country offering tips and best practices.
The first day of the conference began with an opening talk from Sen. Doug Jones, who pressed the need for Medicaid expansion and how expansion has aided other red states. Jones also highlighted the need for broadband expansion and talked about a bill he has in the Senate that would create a broadband main office and dish out about $20 million in money for affordable access.
“Now (with COVID), we know how needed it really is,” Jones said. “We see the homework gap that we have. We know there’s a need for more telemedicine. My bill would consolidate in one office all of the monies for broadband … and provide affordable access.”
Jones said the current COVID pandemic has highlighted just how badly we need better access to broadband in Alabama, and a major area of concern right now is healthcare.
Highlighting that point, Brandon Garrett, the chief operating officer of the National Minority Quality Forum, and Dr. LaTasha Lee, the vice-president of social and clinical research, demonstrated the many ways in which inequality in health care and health care options is harming impoverished communities.
A number of factors play into that inequality, but a lack of access to updated means of communication and tools is one of the biggest.
“(Dr. Martin Luther King Jr.) said that, ‘Of all the forms of inequality, injustice in health care is the most shocking and inhumane because it results in physical death,’” Lee said. “That’s what we’re seeing currently with COVID-19 and sickle cell disease. These two diseases are affecting the minority community and causing death, and they make a great argument that such health care disparities really are a social justice issue.”
Correcting such issues was one of the goals of Stockton’s living wage experiment. Now, Tubbs said, a working person can afford to stay home or get tested if they’re feeling symptomatic, whereas before that person — scared of missing a paycheck or losing the job altogether — might come to work with the virus and infect an entire workplace.
That alone, Tubbs said, has restored dignity to a number of residents.
“This is not easy, especially with budgets the way they are,” Tubbs said. “But I don’t know how we continue to live with the status quo as it is.
“I think part of being a leader, as we are, is having the courage to do something about what we’re seeing. We have to be able to do that.”
The Pro-Growth Policy Conference will run both Wednesday and Thursday, 10 a.m. until 2 p.m. Wednesday’s round of conferences will focus on state grants, economic development around the state and what the 2021 legislative session might look like.
On Thursday, the event will wrap up with talks by the Equal Justice Initiative’s Bryan Stevenson and Alabama Congresswoman Terri Sewell.
Russell Bedsole wins Republican runoff in HD49
As of press time, it appears that Russell Bedsole has won a narrow victory over Mimi Penhale in the special Republican primary runoff election in Alabama House District 49.
At press time, Bedsole had a 166-vote lead in unofficial results on the secretary of state’s website.
“We won,” Bedsole declared on social media.
Bedsole is an Alabaster city councilman and a Shelby County Sheriff’s Department captain.
“Sadly, tonight did not turn out in my favor. Despite the loss, I feel like God truly used this opportunity to help me grow in my walk with Him, and gave me the opportunity to increase my testimony,” Penhale said. “I feel so incredibly blessed by the people I have met on this campaign and the experiences I have had. I am disappointed in the outcome, but what an honor it is to have the confidence of 1,183 people across House District 49! Thank you!!”
Russell Bedsole had 1,249 votes, or 51.36 percent, to Mimi Penhale’s 1,183, or 48.64 percent, to win the House District 49 Republican primary runoff.
There were just 2,432 votes cast in the special primary runoff election. Shelby County was the decisive factor in the election. Bedsole won Shelby County with 762 votes, or 71.42 percent, to Penale’s 305 votes.
Penhale carried Chilton and Bibb Counties, but could not overcome Bedsole’s strong performance in Shelby County.
The provisional ballots will be counted on Sept. 8, 2020, and certification of votes will occur on Sept. 16, 2020.
Bedsole will face Democratic nominee Sheryl Patton in the special general election on Tuesday, Nov. 17, 2020.
The vacancy in House District 49 was created when State Rep. April Weaver announced her resignation to accept a presidential appointment as a regional director in the Department of Health and Human Services.
In a statement, the Alabama Republican Party thanked “each of the candidates that qualified for offering themselves up for service in the Alabama State House of Representatives.”
Denied: Mike Hubbard has 15 days to report to prison
Mike Hubbard is going to prison. The Alabama Supreme Court on Friday announced it had officially denied the former House speaker’s request for a rehearing — a decision that surprised only in the fact that it took five months to be issued — and the Alabama Attorney General’s Office said Hubbard now has 15 days to report to jail.
“The long road to justice is finally nearing its end for former Speaker Mike Hubbard,” said Attorney General Steve Marshall in a statement. “The court denied Mr. Hubbard’s application for rehearing and issued a certificate of judgment requiring the former speaker to report to begin serving his prison sentence.”
Hubbard, who was ultimately convicted on six felony charges, is required to report to the Lee County Sheriff’s Office for processing into the Alabama Department of Corrections system. He will be required to spend at least some time in a state prison, although there is rampant speculation that he could possibly serve the bulk of his sentence in a county facility.
Hubbard has been free on an appeals bond since his conviction by a Lee County jury of 12 felony ethics charges for misusing his office for personal gain. The Alabama Court of Criminal Appeals overturned one of those convictions and the Alabama Supreme Court struck down five more.
“Mr. Hubbard can no longer avoid being held accountable for his flagrant violations of Alabama’s ethics law,” Marshall said. “As we’ve previously stated, this case was not just a trial of former Speaker Hubbard’s misconduct, but also a test of our ethics law. Hubbard campaigned in 2010 on the message that Alabama ‘sorely needed’ a stronger ethics law. Our ethics laws must be strengthened and protected in order to prevent a repeat of such cavalier violations in the future.”
Hubbard’s trial and conviction were, indeed, a test of not just Alabama’s ethics laws but also of the men and women bound to uphold them. Ultimately, those laws and strong public sentiment won out, but not without a fight and not without several lawmakers — Marshall included — making dramatic moves to both weaken the laws and aid Hubbard’s defense team.
At least five bills have been introduced over the last six years that sought to in some way weaken the ethics laws. One of those, which dramatically relaxed restrictions on “economic developers” — a term so broadly defined in the law that it opened a massive loophole for lobbyists and pay-to-play politics — was actually signed into law.
Marshall backed the bill and another one that would have done further damage.
Marshall, who was not the attorney general when Hubbard was investigated and convicted, also forced out the head of the team within the attorney general’s office that went after Hubbard, Bentley and countless other public officials. Matt Hart, who was the subject of constant accusations of misconduct — all of them dismissed by the courts — during the Hubbard trial, was pushed out by Marshall.
The crimes for which Hubbard was convicted were the epitome of public corruption — inserting language in a bill that eliminated competition for his consulting client, using his office to set up meetings with powerful lawmakers for his clients and pushing state business to his clients, among other wrongdoings.
Emails between Hubbard and former Gov. Bob Riley and others, made public during the trial, painted a damning picture of Hubbard. Hubbard, who was hauling in nearly half a million dollars annually at the time, all but begged the men to figure out ways he could earn more money, claiming he was going broke. He talked openly of ways to skirt the ethics laws he had helped write. And he portrayed himself as a man more consumed with personal enrichment than the public good.
In total, the AG’s office determined at the time that Hubbard bilked the state out of more than $2 million.
After 50-plus months, Hubbard will soon pay for those crimes.