State auditor says some “Yes Vote” advocacy illegal
Published 2:00 am Tuesday, August 25, 2015
- State Auditor Jim Zeigler was in Athens Monday to say Athens City Schools officials violated the law in advocating for the passage of the property tax and bond issue.
The mood at a hastily called press conference about Tuesday’s tax and bond election got a little cantankerous Monday afternoon in Athens.
Alabama State Auditor Jim Zeigler called the last-minute news briefing Monday on the steps of the Limestone County Courthouse to say Athens City Schools officials violated state law when they allegedly used public resources to campaign for a “yes” vote in the Aug. 25 tax and bond referendum.
The press conference began about 1 p.m., but not before having to ask a county employee to stop cutting the courthouse lawn.
Meanwhile, at a press conference at 1:30 p.m. at the Athens City Schools Central Office, City Attorney Shane Black and Athens City Schools Superintendent Trey Holladay responded to Zeigler’s address by saying current and past Alabama attorneys general as well as the courts have said school officials can legally advocate for property tax increases benefitting schools.
Four points
Zeigler said he called the press conference Monday because he had received questions about what he considers to be four instances of school officials violating state law:
• Holladay allegedly advising parents at a student orientation meeting to vote in favor of the tax (Holladay has said he was joking at the time.);
• Presence of “Vote Yes” signs on school property;
• Teachers and other school personnel allegedly using students to take home “Vote Yes” handouts;
• Holladay appearing before the Greater Limestone Chamber of Commerce and a local church to advocate for the “yes” vote.
Pastor objects
After Zeigler made his points and opened the event to questions, First United Methodist Church Pastor Kenny Baskins told Zeigler and the audience his church merely invited Holladay to speak on the referendum to educate its members on the proposal.
Zeigler responded by saying the church “aided and abetted a crime.”
The pastor corrected Zeigler, saying the “Vote No” side was invited but no one attended.
Eligible voters living inside the city limits of Athens will decide the bond issue and tax issue when they go to the polls between 7 a.m. and 7 p.m. Tuesday. There are two questions on the ballot: Whether to approve a $74 million bond issue to improve city schools and whether to raise property tax by 12 mills in order to repay the debt.
Wrong question?
Zeigler had not obtained a “parade permit” from the Athens Police Department, which is required in order to bring an event and traffic to the downtown Square. Limestone County Commission Chairman Mark Yarbrough said no one had asked him for permission to use the courthouse property, which is owned by the county. The city issued a press release pointing out the above two points prior to Zeigler’s press briefing.
When a television reporter asked Zeigler, during the open question portion of the event, if he had obtained a permit from the city and county to hold a press conference on the courthouse Square and if he wanted to comment on that, Tony Llewellyn, who was standing in the crowd, chastised the reporter for asking the question.
Law clear?
Zeigler said during his press conference that state law regarding campaigning and school resources is clear. He said Alabama Attorney General Luther Strange was wrong when he said it is legal for school officials to advocate in favor of the vote.
The issues in question are addressed under Section 17-17-5 of the Alabama Code, which reads: “No person in the employment of the state of Alabama, a county or a city, whether classified or unclassified, shall use any state, county or city funds, property or time, for any political activities. Any person who is in the employment of the state of Alabama, a county, or a city shall be on approved leave to engage in political action or the person shall be on personal time before or after work and on holidays. It shall be unlawful for any officer or employee to solicit any type of political campaign contributions from other employees who work for the officer or employee in a subordinate capacity. It shall also be unlawful for any officer or employee to coerce or attempt to coerce any subordinate employee to work in any capacity in any political campaign or cause. Any person who violates this section shall be guilty of the crime of trading in public office and upon conviction thereof, shall be fined or sentenced, or both…”
Attendee questions
Local resident Greg Skipworth asked Zeigler whether he was charging the state or using a state vehicle for his trip to Athens Monday to conduct the press conference, suggesting Zeigler might be violating the law in respect to state officials and political activities.
Zeigler said he drove a personal vehicle, a Toyota Pries hybrid car, to the event, not a state vehicle, and that he was on his own time. He also accused Skipworth of being “far out in left field” and reminded him he had told the audience he would “entertain intelligent questions.”
Skipworth defended the question and said to Zeigler, “I’m a veteran, by the way.”
Two “No Vote” supporters then told Skipworth they were also veterans.
Another “No Vote” backer audibly remarked that Skipworth was “an idiot.”
Skipworth later told The News Courier he did plan to vote in favor of the tax and bond referendum because he supports education and because he believes it is the right thing to do.
One “Vote No” advocate seen wearing a yellow and black “Vote No” T-shirt and carrying a yellow and black “Vote No” sign said she would not be voting either way Tuesday because she does not live in Athens. However, the woman, who declined to give her name, said she owns property in the city that she leases. She said renters don’t want to pay higher taxes either.