Statewide legislation that would change how a Baldwin County sales tax is distributed passed the Senate County and Municipal Government committee on Tuesday afternoon.
The bill by State Sen. April Weaver (R-Brierfield) would provide that any county sales and use tax authorized by local law, where any portion of the proceeds is distributed to a county board of education for capital projects, that portion of the tax to be distributed to the county board of education for capital projects may only be levied in areas served by the county board of education.
The bill is a statewide bill, but most of the discussion between legislators and school officials during a public hearing on Tuesday centered around how it would change the distribution of a Baldwin County sales tax.
Baldwin County School District is currently receiving 100% of a portion of a countywide tax intended for education capital projects. Orange Beach City Schools and Gulf Shores City Schools want a share of that tax.
State Sen. Chris Elliott (R-Josephine) supports the bill. State Sen. Greg Albritton (R-Range) opposes the measure. Elliott is chairman of the Senate County and Municipal Government committee which approved the bill on a voice vote on Tuesday. The bill now heads to the Senate.
Elliott said during the meeting, "The money follows the student where you don't have a kid buying a sweatshirt in Orange Beach and the taxes are going somewhere other than his schools."
"It fixes this problem moving forward. You are all correct. This has been a very divisive issue for us locally. I am the only one that gets to represent all of these folks. At the end of the day, I want to make sure that we fix this issue for other municipalities and other counties and other systems in the future," Elliott said.
Albritton said at the meeting, "I understand where you're headed. I'm going to ask for a long roll call on everything that we do on this. I would suggest and in particularly you know you're not the only senator representing Baldwin County."
Elliott replied, "I am the only senator that represents all three of these school systems. Is that a fair statement?"
Albritton said, "I would suggest you represent the two systems. The third system is a small part on the southern county. I've got 70% of the county."
Elliott said, "Okay, Senator Albritton."
After the meeting, Albritton questioned Weaver about appointees to the Surface Mining Commission for over an hour on the Senate floor before eventually allowing the Senate to continue on with its agenda for the day.
Baldwin County Public Schools Superintendent Eddie Tyler along with Chief School Financial Officer John Wilson attended the committee meeting where Wilson testified before committee members.
"As an educator, I'm appalled by what I witnessed today in Montgomery. Any civics student would be confused to hear a room full of senators vote "no," only for Chairman Elliott to declare that the measure passed. I am embarrassed for Alabama, for Baldwin County, and for Senator Elliott," Tyler said in a statement after the meeting. "We do not believe this bill is going anywhere, but if it does, we will go to the Supreme Court to ensure this unconstitutional action by Senator Elliott does not harm public schools across Baldwin County."
Elliott said in a statement to 1819 News, "Superintendent Tyler attended the C&MG meeting today and did not even bother to speak on his own behalf. This is likely because he knows he's reneged on the agreement he made six years ago when he asked me to help him resolve the Gulf Shores school separation agreement."
"I don't take kindly to men who go back on their word. Superintendent Tyler has gone back on his word and he is the cause of this schism. I've been the biggest advocate for all public schools in Baldwin County but I've lost faith in Superintendent Tyler and can no longer take him at his word. Perhaps it's time for him to retire. His actions are dividing Baldwin County when we should be advocating for all of Baldwin's children and not one bureaucracy over the other," Elliott said.
UPDATE: After publication of this story, Gulf Shores City Board of Education President Kevin Corcoran said in a statement on Wednesday morning, “Yesterday, I traveled to and from Montgomery to testify for two minutes before the Senators of the Municipal and County Government Committee. I was grateful for the opportunity and would do it again upon request.”
“It is incredibly frustrating to hear people publicly testify as to what we allegedly agreed to in the separation negotiations over 6 years ago. What’s even more disturbing is that misleading recollections of the separation agreement are being accepted as Gospel. I attended every negotiation session and meeting for approximately a year and a half. My signature rests atop the final agreement. I can assure you that we NEVER agreed to relinquish our right to this disputed tax! What we did agree upon was to disagree. I have a copy of a letter written in 2019 from the BCBE attorney to the State Superintendent making Dr. Eric Mackey aware of the tax dispute,” Corcoran said. “It was the BCBE that recommended the matter be litigated after the separation. Now we are being ridiculed for having done just that. The Alabama Supreme Court ruled it was not the court’s place to reapportion the funds equitably. That is the duty of the legislature! That’s where we are today. In a statement just released, Superintendent Eddie Tyler condemned the senate committee proceedings that occurred yesterday and stated that BCBE would not allow the actions of the committee to “...harm public schools across Baldwin County.” Gulf Shores and Orange Beach are both IN Baldwin County! Orange Beach City Schools and Gulf Shores City Schools ARE public schools!”
Corcoran said, “I would politely recommend that the three (3) senators and seven (7) representatives that are in our local legislative delegation poll their constituents asking one simple question: “Would you support a sales tax to be collected in your area for the benefit of public schools that does not support the public schools in your area?’ No names, no cities, no rhetoric, just one simple question. I am confident the results would be a resounding “NO”.”
The relevant portion begins at 27:00:
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