Birmingham councilman questions opinions of city’s legal staff

Birmingham City Council President Pro Tem Steven Hoyt complained during the council’s regular meeting at City Hall today that the city’s legal department is not always fair or consistent.

“It’s quite selective,” Hoyt said, referring to the legal staffs’ opinions in such matters as travel expenses.

Hoyt said he was told by legal that he should not be reimbursed for his expenses in attending the Democratic National Convention in Philadelphia in July, even though his request– in the amount of $2,447 – was approved by the council last week.

Hoyt asked today that his reimbursement be deleted from the resolution that passed last week. The council voted today 7-0 to approve that deletion.

His complaints about the legal staff, which he directed to acting city attorney Thomas Bentley, stemmed in part from two resolutions on the council agenda asking that the city pay travel expenses for two members of Mayor William Bell’s staff to attend a meeting of the Congressional Black Caucus in Washington, D.C., from Sept. 14-18.

“What’s the difference in the Congressional Black Caucus and the Democratic National Convention?” Hoyt asked Bentley, noting the political nature of both groups.

“You told me last week that the DNC doesn’t qualify,” Hoyt said. “I want to know. The public needs to know.”

It is the overtly political intent of the DNC or a similar party convention that means that politicians should not attend such gatherings on the public dime, according to Bentley.

“The DNC, particularly in July, was convened for the purpose of selecting someone to political office,” he said. “That is the distinction.”

“So it’s OK to send someone to the Congressional Black Caucus? They convene for the purpose of driving whatever issues they have,” Hoyt said.

Bentley argued that the relevant section of Alabama state code –17-17-5, which was discussed at length in last week’s contentious council meeting –“makes a difference between influencing the election, as opposed to influencing legislation.”

Hoyt was not convinced, saying that several members went to the DNC held in Charlotte, N.C., in 2012, and there were no complaints from the legal department.

“Some of us can get around the rules, and some of us can’t,” Councilwoman Lashunda Scales said to Hoyt.

Council President Johnathan Austin asked Bentley what the distinction was in sending a council member to the DNC and sending a city staffer to the DNC.

“The staff members are going there to promote the city while all those people are there,” Bentley said. “If you are an elected delegate, you are there to select a nominee.”

The mayor’s executive assistant, Jarvis Patton, defended the legal department, saying he had seen them go a great job during his six years at City Hall.

“They are trying to keep you out of trouble,” Patton told council members. “They are trying to get you out of jail.”

But Austin said that the legal department is not particularly helpful to the council. “They are always trying to tell us what we can’t do,” he said. “They don’t tell us what we can do or how to get a solution.”

The council voted 5-2 to approve the travel for two staffers from the mayor’s office to attend the CBC meeting – a total of about $3,650 – with Hoyt and Councilwoman Valerie Abbott voting no, and Councilwoman Sheila Tyson abstaining.

The council voted 6-1 to approve some expenses for two staffers with the city council in Kalamazoo, Mich., who assisted Hoyt in his recent site visit to a large public recreation facility in Battle Creek, Mich. Some other expenses connected to that site visit were approved by the council on Sept. 6.