Mike Hubbard: Commission needs more power to investigate

Mike Hubbard Alabama Republican Party Chairman
Published: January 10, 2010

For the last several legislative sessions, Republicans in the Alabama House and Senate have proposed a package of tough ethics reform bills designed to hold public officials accountable for their actions.

Strict income reporting requirements for those who hold office and limits on the amount lobbyists can spend to influence legislation are just a few of the measures Republicans have introduced. And, year after year, Democrats have killed them.

While some Democrats claim Alabama’s ethics law is strict enough, the fact is that none of the high-level public officials recently convicted on corruption charges were prosecuted under that statute. Former Birmingham Mayor and Jefferson County Commissioner Larry Langford, Gov. Don Siegelman and a number of legislators convicted in the two-year college scandal are just a few of the Democrats who have seemingly violated the state ethics law without being charged by it.

Perhaps the most important proposed ethics reform is the effort by state Reps. Cam Ward (R-Alabaster), Mac Gibson (R-Prattville) and supported by House and Senate Republicans to provide subpoena power to the Alabama Ethics Commission, the state’s watchdog agency against corruption in government.

A national survey recently revealed that Alabama is one of only three states that does not grant subpoena power to their top ethics agency. Denying the commission’s ability to aggressively investigate complaints brought before it provides a wink-and-a-nod invitation to corruption, graft and scandal at all levels of our state government.

Proof of the need for ethics-related subpoena power can be found in the pages of a recently published book by former Mobile Press Register investigative reporter Eddie Curran. In “The Governor of Goat Hill.” the award-winning reporter details how he unearthed rampant corruption within the Siegelman administration, including bribes accepted by the former governor and the questionable sale of his home to a political supporter for twice its appraised value.

Curran argues that the Ethics Commission was unable to adequately investigate the sale of Siegelman’s residence because of inability to compel testimony and evidence, along with stonewalling by the administration, prevented important facts from coming to light. Subpoena powers would have allowed the ethics staff to fully look into the matter.

While the Ethics Commission is denied the investigative tool, several other agencies are provided it. Until recently, the State Board of Cosmetology held subpoena powers, which means it was more important to investigate a botched barber shop haircut or beauty salon dye job than it was to probe the most severe ethical violations by elected public officials. The board regulating the sale of hearing aid devices, the agency that oversees plumbers and pipe fitters, and the meat and poultry inspection agency are among the 20 different state entities that have also enjoyed the power to subpoena information.

Members of the GOP House and Senate Caucuses are also calling for a guaranteed appropriation for the Ethics Commission which can be reduced only with a two-thirds vote of both houses. We are pushing for interim appointments of ethics commissioners, so Democrats cannot block the agency from completing its mission. And also we want to require state and local prosecutors to formally inform the commission if they intend not to move forward with ethics cases forwarded to them.

Please do not be fooled by hollow rhetoric from Democrats calling for ethics reform as campaign season nears. They control every single committee in the Alabama Legislature, including the Rules Committee, which determines the bills to be considered each day. The Democrats also control every majority leadership post, including the House Speakers’ Office, the Lieutenant Governor’s Office and the Senate President Pro Tempore’s Office. They have the power to pass any ethics bill of their choosing. But they refuse to do it.

During this 2010 election cycle, I urge you to vote to put Republicans in office so we can implement the reforms that the Democrats refuse to seriously consider. It is the only way to combat corruption and implement the ethics statues our state has needed for too long.

Rep. Mike Hubbard (R-Auburn) represents District 79 in the Alabama House of Representatives and is the House Minority Leader. He also serves as Chairman of the Alabama Republican Party.