The City of Birmingham filed a federal lawsuit on Tuesday against Gov. Kay Ivey over a bill awaiting her signature that would restructure the governance of the Birmingham Water Works Board.
The original Senate Bill 330, introduced by State Sen. Dan Roberts (R-Mountain Brook), would have reduced the number of board members from nine to five. The Birmingham mayor, lieutenant governor, Jefferson County Commission president, Blount County Commission and Shelby County Commission would each get one appointment to the board under the legislation.
The amended version passed by the House and Senate would add two more appointments. The sixth appointment would be a Jefferson County resident with a "general business background" appointed by the governor. The seventh appointment would be made to a Jefferson County resident, appointed by the Birmingham City Council.
Currently, the nine-member board consists of two appointments from the Birmingham mayor, four appointments by the Birmingham City Council, one appointment by the Jefferson County Mayors Association, one appointment by the Shelby County Commission and one appointment by the Blount County Commission.
The City of Birmingham filed the lawsuit in the Middle District of Alabama to “enjoin, restrain, and otherwise prevent” Ivey from signing the bill into law.
Nicole King, Birmingham City attorney, said in the lawsuit, “There is no legitimate basis for the apparent assumption that management of the Water Works Board will be improved if Birmingham has fewer appointments.”
“SB330 represents extreme governmental overreach in response to perceived management issues that the Legislature apparently believes are somehow due to Birmingham’s appointees to the Water Works Board, and, despite the fact that the Board currently includes directors appointed by the Jefferson County Mayors Association and both Shelby and Blount Counties, SB330 reduces Board appointments only for Birmingham, from six total appointments to two,” King added. “The implication that any perceived problems with the Water Works Board’s management are due to the majority of Board members being appointed by Birmingham is wholly unsupported, is based strictly on the racial makeup of Birmingham being more than 50% black, presents issues of constitutionality and fundamental fairness, constitutes blatant racial discrimination, and is an affront to Birmingham’s elected leadership and its citizens.”
Roberts declined to comment on Tuesday.
Gina Maiola, a spokesperson for Ivey, said they were reviewing the lawsuit.
“We have not officially been served. However, we are aware of the lawsuit and are reviewing this highly unusual attempt to stop the governor from signing a bill passed by the Legislature,” Maiola said.
858130115-Water-Works by Caleb Taylor on Scribd
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