Birmingham Water Works Board Fights State Control Legislation

Birmingham Water Works Board Challenges State Legislation and Defends Chairwoman Amid Ethics Complaints

Birmingham officials have rekindled their legal battle against state leaders following the introduction of controversial legislation that seeks to shift control of the Birmingham Water Works to a state-controlled authority. In an amended complaint filed recently, the city contends that the law violates the equal protection and due process rights of its residents and poses significant risks to local representation in water services.

The amended complaint targets Governor Kay Ivey, multiple county commissions, and former Birmingham Water Works board members. The city argues that the legislation is racially discriminatory and undermines the governance model that prioritizes Birmingham ratepayer interests.

As of Friday night, no responses had been made public from Governor Ivey or other named defendants regarding the amended complaint. This ongoing legal matter comes on the heels of a marathon Birmingham Water Works Board meeting, where board members fervently defended their operations against the backdrop of this impending legislation, which could lead to their dismissal in favor of a regional authority controlled by surrounding communities.

Contentions Surrounding New Legislation

This contentious bill, introduced by State Senator Dan Roberts and co-sponsored by Senators Jabo Waggoner and Shay Shelnutt, could potentially be voted on soon—perhaps as early as the following Thursday. Board vice-chairman Butch Burbage expressed support for the board’s recent improvements and called for more time to allow for their implementation, reflecting concerns about the potential fallout from the proposed legislative changes.

Board members voiced their objections to the legislation, asserting that its passage would result in unfavorable implications for governance, accountability, and service delivery to residents. In particular, the board emphasized its commitment to ethical management practices, looking to reassure the public amid the cloud of external pressures related to the recent controversies.

Ethics Complaint Against Chairwoman

Central to the discourse surrounding the board is Chairwoman Tereshia Huffman, who recently faced a state ethics complaint concerning her alleged conflicts of interest. The complaint scrutinized her failure to disclose family ties to organizations that had received public funding, specifically four grants totaling $40,000 from 2023 and 2024.

However, the Alabama Ethics Commission dismissed the complaint, citing a lack of evidence to substantiate any wrongdoing. Huffman has expressed gratitude for the commission’s prompt review and continued to assert her innocence against the allegations. Despite the dismissal, the persistent scrutiny underscores challenges faced by public officials in maintaining public trust.

Public Engagement and Support

Preceding the legislative developments, several board members had voiced concerns regarding a new public comment policy that reduced citizen speaking times and notification requirements. This change drew criticism from community members advocating for greater transparency and engagement in decision-making processes.

Amid these developments, both the Birmingham City Council and county commissioners have rallied in support of the Birmingham Water Works Board, emphasizing the importance of local governance and resistance against state intervention that could disrupt service provision for Birmingham residents.

The board has scheduled its next meeting for Wednesday to further discuss these ongoing issues, reaffirming its position against the contentious legislation while working to ensure that residents’ voices are heard in the decision-making processes that affect their daily lives.