The Alabama Ethics Commission has filed a motion asking the Montgomery County Circuit Court to revise one of their orders.

The Court recently ruled that airport authority employees are not public employees, or subject to the Ethics Act.

The Ethics Commission has proposed rather than looking to whether someone is paid through taxpayer contributions, the standard should be whether their salaries were paid out of revenue from negotiated “commercial arms-length” transactions.

The Birmingham Airport Authority has filed a response arguing the commission’s new standard inconsistent with the facts of the case.

Joining them in opposition, the Alabama Water and Wastewater Institute has also filed a brief arguing this new standard.

The institute argues the standard would create a burden on public corporations and their employees.

Therefore, this would cause an attempt to untie a tangled knot of revenue and determine the status of each employee.

The Ethics Commission has announced only minimal essential personnel will be in office from March 16 through April 6.

This will likely cause delays in precertification processing.

Accordingly, the Commission has requested that precertification requests be submitted well ahead of time to ensure timely processing.

A drop box has been placed in the front office to accommodate hand delivery during this period.

The Alabama Ethics Commission issued an advisory opinion finding employees of airport authorities are public employees and therefore subject to the state ethics law.

Attorneys for the Birmingham and Huntsville airport authorities argued airport employees are private because they are paid with funds generated by the airport.

However, the commission ruled the airport’s revenue is considered “state, county, or municipal funds” because the Legislature grants the airport authority the ability to collect those fees for a specific purpose.

Airport employees are criminally liable for ethics violations and, if they meet specific income thresholds, are required to file annual statements with the commission.

The Birmingham Airport Authority intends to appeal to the Montgomery County Circuit Court.

According to the memorandum filed in the U.S. District Court for the Middle District of Alabama, the Alabama Ethics Commission has agreed existing Alabama law permits lobbyists to satisfy the ethics training requirement if they participate in live training sessions on their computer, even if not physically present.

Additionally, reasonable accommodations will be made for those persons with a legitimate conflict during the time and date that live streaming is made available.

The commission will begin live streaming by May of 2017.

The commission has yet to publicly release a statement.

On April 10, 2017, Gov. Robert Bentley resigned as the 53rd governor of Alabama.

The resignation follows the Alabama Ethics Commission finding probable cause he violated state ethics laws.

Kay Ivey was sworn in as the 54th governor of Alabama immediately following Bentley’s resignation. Ivey is the second woman to serve as governor of Alabama.

Beverlye Brady has been appointed to the Alabama Ethics Commission by Lt. Gov. Kay Ivey.

Brady, a practicing attorney with more than 30 years of experience, was a founding member of the Lee county Indigent Defense Commission.

Brady’s term is effective immediately and will expire on August 31, 2021.

The Alabama Ethics Commission (AEC) has suspended the implementation of an advisory opinion released in September. The controversial opinion expanded the definition of lobbyist principal to include anyone in the organization with authority such as executives, officers, and members of boards of directors.

Because lobbyists and principals cannot give a thing of value to legislators, the expanded definition of principal was a concern to nonprofits. At an AEC meeting on December 7, 2016, representatives of nonprofits stated many of their chief donors had ceased contributing over concerns about the expanded definition of principal. In response to those concerns, the AEC members voted to suspend the advisory opinion.

Campaign Finance

Wisconsin: “U.S. Supreme Court Won’t Take Up Walker Case” by Patrick Marley for Milwaukee Journal Sentinel

Ethics

“Drinks, Dinners, Junkets and Jobs: How the insurance industry courts state commissioners” by Michael Mishak (Center for Public Integrity) for Washington Post

California: “Brown Signs Bills to Reform CPUC, Urges Administrative Fixes Too” by Jeff McDonald for San Diego Union-Tribune

District of Columbia: “Ethics Opinion: D.C.’s Vincent Orange didn’t break rules by seeking chamber job” by Fenit Nirappil for Washington Post

New York: “State Attorney General Orders Trump Foundation to Cease Raising Money in New York” by Steve Eder for New York Times

Elections

“How Hillary Clinton Grappled with Bill Clinton’s Infidelity, and His Accusers” by Megan Twohey for New York Times

Ohio: “Ohio, Long a Bellwether, Is Fading on the Electoral Map” by Jonathan Martin for New York Times

Wisconsin: “Federal Judge Orders Investigation into Wisconsin’s Voter ID System” by Matt Zapotosky for Washington Post

Legislative Issues

Hawaii: “Hawaii Candidates Are Getting Flooded with Surveys This Year” by Nathan Eagle for Honolulu Civil Beat

For a detailed look at the type of exemptions being submitted, take a look at “Alabama’s new ethics law fails to stop exemption requests from lobbyists and public officials” by Kim Chandler.

According to the article: “The Alabama Ethics Commis­sion has received nearly 200 requests to certify din­ners, trips and conferences as allowable exemptions since Alabama 10 months ago adopted a new ethics law, which caps how much a lobbyist can spend on a public official.”

Alabama Governor Robert Bentley has signed a bill that guarantees future funding for the Alabama Ethics Commission.

The new law appropriates one tenth of one percent of the state’s general fund budget to the ethics commission. Under the current proposed budget, this appropriation represents approximately $1.8 million dollars.

The appropriation provision in the new law can only be modified by a two-thirds vote of the Alabama House and Senate.