State Rep. Leigh Hulsey (R-Helena) seems determined to find vindication in a fight her hometown lost.
The former councilwoman, now a state representative, aims to accomplish what she and her fellow city councilors, along with a team of city attorneys, were unable to do: eliminate the autonomy granted to state boards of education concerning their property rights.
During the floor debate for her bill HB 57, Hulsey repeatedly referenced a local issue that arose during her time on the City of Helena council.
Last year, following years of costly legal suits by the City of Helena, the Alabama State Supreme Court issued a 5-3 majority opinion affirming that the Pelham School Board of Education (BOE) had the right to build an athletic facility on property it owned in Helena.
This ruling upheld Shelby County Circuit Court Judge Patrick Kennedy's decision in May 2022, which favored the Pelham BOE. Kennedy stated that the Pelham BOE was an agency of the state and was not subject to Helena's zoning regulations.
During debate on the bill, State Rep. A.J. McCampbell (D-Demopolis) said, "I'm trying to find rationale of this bill," for which Hulsey said, "The reason that I brought this bill is because, this involved a case that did go to the Supreme Court, Alabama Supreme Court and they recommend that we clarify this law so that's what we're doing is clarifying that because there was some confusion as to the application of it."
However, the majority ruling in the Supreme Court case—as did the district court—agreed that the law was clear.
The ruling states in part, "That last argument provides a hint as to why Helena's argument is flawed. Helena repeatedly frames the situation in this case as one involving one municipal-government entity -- Pelham – encroaching upon the power of another municipal-government entity -- Helena. But the situation presented in this case does not pit one municipality against another municipality. Public education is a power belonging to the State that is granted in the Alabama Constitution."
Going on to further explain, "Consequently, in their governance of public education, boards of education are independent of the counties and the municipalities in which they are located."
Husley did not respond to 1819 News' request for comment.
Hulsey was first elected to Helena City Council in 2008 and served for 13 years. The case that spurred the legal action that led the legislature to the bill before them resulted from a land purchase in 2021. A deed filed with the Shelby County Circuit Court indicates that the Pelham BOE purchased the land on June 29, 2021, for $468,000.
The bill split some members of the Shelby County delegation, with State Rep Kenneth Paschal (R-Pelham) abstaining from voting because he hadn't had the opportunity to discuss it with all the relevant stakeholders and State Rep. Arnold Mooney (R-Indian Springs) voting no.
Apryl Marie Fogel is a Birmingham resident who frequently appears on and guest hosts radio programs around the state. She can be reached at [email protected] or on X and Facebook at @aprylmarie.
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