Birmingham City Council votes to keep William Muhammad on BWWB

A divided Birmingham City Council appointed controversial community activist William Muhammad to a full term on the Birmingham Water Works Board during its regular meeting on Dec. 19 by a vote of 6-3.

Muhammad — who was originally appointed to the board in August to fill a vacancy created by a resignation — will serve until Nov. 30, 2022, according to the text of the resolution.

The vote to appoint Muhammad was 6-3, with councilors Jay Roberson, Patricia Abbott and Kim Rafferty voting no and raising questions about the way that Muhammad’s nomination was handled by council leadership.

But Councilor Lashunda Scales argued that Muhammad would be a strong voice for Birmingham’s interests in 2017 as the board expands, with new members not appointed by the council.

His nomination was submitted by Council President Johnathan Austin, the resolution states.

However, Council President Pro Tem Steven Hoyt placed Muhammad’s name in nomination at the meeting and spoke in his favor, citing his college degrees and various academic and professional affiliations. “He is highly qualified,” Hoyt said.

“I am not in agreement with how we are moving forward with this process for a very important nomination,” Roberson said, complaining that the council had not interviewed or evaluated any other candidates for the board slot, as has been done in the past.

“We have not done due process,” he said.

Rafferty complained, among other things, that there had been no official announcement that applicants were being sought. “This disturbs me about this lack of transparency,” she said,

Scales and Hoyt responded that some of the same people complaining about the way Muhammad’s nomination has been handled voted for other board candidates in the past under similar circumstances.

“It’s just hypocritical,” Hoyt said.

He also argued that, traditionally, most people appointed to partial terms on the board have subsequently been granted full terms.

However, Abbott argued that council members were not given sufficient notice of the nomination.

“It’s the policy of the council that every vacancy is announced twice regardless of whether we want to appoint them to a full term, she said.

Roberson expressed agreement with Abbott. “(She) just quantified the policy the council should follow,” he said.

In addition, Roberson — who is chairman of the council’s utilities committee — said that Austin did not consult with him at all regarding Muhammad’s nomination. “There is a policy in place, but there is no communication,” he said.

He argued that his objection was not necessarily to the appointee. “This had nothing to do with Mr. Muhammad, for me,” he said.

Scales expressed support for Muhammad. “We’ve got to have some strong people who will stand up for Birmingham,” she said.

She cited a ruling on Dec. 19 by Jefferson County judge Robert Vance Jr., who rejected a lawsuit by the Water Works Board that challenged a state law passed in 2015 which expands the board to include three new members.

These members will not appointed by the mayor or council, but by other entities outside Birmingham, including the commissions in Blount and Shelby counties, thereby diluting the city’s power.