Selma Water Board claims it is not subject to investigation

By George L. Jones (Contact) | Selma Times-Journal

Published Wednesday, July 23, 2008

Members of the Selma Waterworks and Sewer Board confirmed their suspicions about a recent audit recently performed by the Department of Examiners of Public Office.

At a press conference in front of the board office Wednesday, board counsel Collins Pettaway claimed the audit ordered through Attorney General Troy King’s office was “flawed in several respects.”

The audit found several board members had been overpaid, but Pettaway claimed the board is not subject to such a process.

“It’s totally wrong,” Pettaway said of the audit. “This is not a public body. This water board is a public corporation. It handles no public funds, so it is not subject to this type of audit. Now, the attorney general can investigate, but this type of audit is improper. This board can request such an audit, but this wasn’t requested.”

Officials from the Attorney General’s office and the Department of Public Examiners could not be reached for comment Wednesday.

The Attorney General’s office interprets the authority of the Department of Public Examiners in the Code of Alabama 1975, Sections 41-5-1 through 41-5-24. In those sections, the Department's authority includes audit of funds and the records of public corporations representing several county and or municipal governing boards. State courts have upheld the Department's authority to examine the records of private entities contracting with governmental agencies.

The Department is empowered to audit the books, accounts and records of all state and county offices, officers, bureaus, boards, commissions, corporations, departments, and agencies and to report on expenditures, contracts or other audit findings found to be in violation of law.

The Water Board operates off funds collected from customers, and the Selma City Council appoints its members.

Mayor James Perkins Jr. defended the board’s autonomy, saying it does not report to the city council.

Pettaway also contends that the audit is “flawed in several respects,” beginning with the time frame of the review.

The Department lists Jan. 1, 2007 through Dec. 31, 2007 as the period of its audit. In it, compensation of board members is reported as recently as May 31, 2008.

Pettaway also claims proper procedure was not followed as is fitting a standard audit, specifically, written notification of an audit, an exit interview to address potential errors, and lack of discussion with board members regarding overpayment.

Perkins said this appears to have begun locally as a means to oppose political candidates on the board and has spread even further.

“All of the lines point to a seamless political strategy to discredit the people who are managing this water board at this times,” Perkins said. “I think it is unfair, and I think it is very unfortunate that anyone at the state level would participate.”

Pettaway proposed racial motivations against the board — whose members are majority black — calling it “ugly race politics.”

“I think our Attorney General just has a deference against black folks,” Pettaway said.

Pettaway cited the recent investigation by King’s office into voter fraud in several counties, most of which have majority black populations.

Recently, King seized records from the June 3 primary election in Lowndes, Perry and Bullock counties.