Campaign finance reporting allows residents to "follow the money," and that's what Hoover resident Ken King was trying to do when he went online to inspect the annual reports of Mayor Frank Brocato and City Council President John Lyda.
The reports, due by January 31, 2025, have not been filed for either party. King submitted a formal complaint to Alabama's Secretary of State Wes Allen and provided 1819 News with the confirmation email he received showing his complaint had been received.
King thinks the missing reports are a symptom of a broader problem, saying, "Accountability isn't optional—it's a duty. When elected officials refuse to follow basic ethics laws, they prove they can't be trusted with the public's business."
He is no stranger to the problems facing Hoover, having attended many council meetings and speaking up to ask questions that have largely gone unanswered about what he sees as financial mismanagement, disrespect towards voters, misinformation and misdirection.
Ironically, King helped Brocato's first campaign for mayor. He remembers those early days and when Brocato named him to the Board of Directors for the inaugural class of Leadership Hoover. The City of Hoover's Facebook page still highlights a video of King from 2017, in which he discusses the program. King says that he is "very disappointed" in Brocato. Adding, "Tax and spend is all he does, with no transparency or accountability.." Going on to say, "Leadership without transparency is just corruption in disguise. Mayor Brocato and Councilman Lyda have ignored Alabama's campaign finance laws—what else are they hiding?"
Stressing that his concern isn't about the administrative process of filing reports, "The real question isn't why Brocato and Lyda failed to file their campaign finance reports. It's what they don't want Hoover residents to see."
According to the Secretary of State's Candidate Filing Guidelines, an "Annual Report is required every year that a committee is in existence, unless the candidate is filing monthly reports in the current election cycle. This Annual Report may be filed after January 1st, but must be filed no later than January 31st. All candidates and all state, county, and municipal elected officials who have not dissolved their principal campaign committee must file this report."
State statute specifies the penalties for failing to file a report in Section 17-5-19.1 - Civil penalties
(a) The Secretary of State shall levy a civil penalty against any person who fails to timely file a report required by this chapter and who does not remedy the filing of the report pursuant to subsection (h). The State Ethics Commission may levy an administrative penalty against any person who files a materially inaccurate report required by this chapter and who does not remedy the filing of the report pursuant to subsection (g).
(b) The schedule of civil penalties shall be as follows: (1) The lesser of three hundred dollars ($300) or 10 percent of the amount of contributions or expenditures not properly reported for a first offense in an election cycle.(2) The lesser of six hundred dollars ($600) or 15 percent of the amount of contributions or expenditures not properly reported for a second offense in an election cycle.(3) The lesser of one thousand two hundred dollars ($1,200) or 20 percent of the amount of contributions or expenditures not properly reported for a third or subsequent offense in an election cycle.
King has a message for Lyda and Brocato, "The citizens are watching—and we will hold them accountable."
Apryl Marie Fogel is a Birmingham resident who frequently appears on and guest hosts radio programs around the state. She can be reached at aprylmarie.fogel@1819news.com or on X and Facebook at @aprylmarie.
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