Birmingham City Council opposes bill to overhaul Birmingham Water Works Board

Birmingham City Council opposes bill to overhaul Birmingham Water Works Board

The Birmingham City Council went on record Tuesday opposing a proposed bill in the state House of Representatives that would dramatically overhaul the Birmingham Water Works Board, reducing it from nine to seven members.

The proposal would give the Birmingham mayor the authority to make four appointments with the governor appointing the remaining three.

House Bill 177, introduced March 21 by Republican co-sponsors Rep. Jim Carns and Rep. David Faulkner, would take away two of the City Council’s four appointments.

“It directly diminishes the power of the council,” said Birmingham City Council President Wardine Alexander.

“That dilutes our ability to represent our ratepayers, who are the largest bloc of ratepayers,” said Council member Clinton Woods. “It’s important for them to know where we are on this issue.”

Currently, the Birmingham City Council appoints four board members, the mayor appoints two, and the Blount County Commission, Shelby County Commission and Jefferson County Mayors Association get one appointment each.

“We’re against this,” said Council member Crystal Smitherman. “This is totally unfair how they bully Birmingham.”

Current board members could be immediately replaced with new appointees if the bill becomes law.

“We can appoint competent people,” Smitherman said. “It’s almost an insult taking these appointments away.”

The new law would apply to “municipal water works boards that, on January 1, 2015, or thereafter serves customers or has assets in four or more counties other than the county where the authorizing municipality is located.”

The Birmingham Water Works serves Jefferson, Shelby, Blount, St. Clair, and Walker counties.

The bill would also require “certain qualifications” for appointees.

“All members of the board of directors must be well experienced in business affairs of the complexity of the operation of a water or sewer system,” the bill says.

At least one of the mayor’s and governor’s appointees “must have an engineering background,” the bill says, and another “must have a financial background.”

Elected officials could be appointed to the board, the bill says.

The bill also requires appointees to each year undergo 10 hours of training “on the duties and best practices of directors of organizations engaged in the operation of water or sewer systems, the obligations of directors under the Ethics Act, and the reporting requirements under this division.”

The bill also forbids members who “had a business relationship with the regional board in the two-year period prior to appointment, or who was employed by a firm that has had a business relationship with the regional board in the two-year period prior to appointment.”

Additionally, the bill states: “Any director may be removed for good cause by the public official who appointed the director if the public official first conducts a hearing that gives the director an opportunity to address the cause or causes for removal.”

Last September, former BWWB chair Chris Rice resigned a few weeks after Birmingham Mayor Randall Woodfin publicly criticized the board amid the storm of billing complaints that plagued the water works last year.

City Council members said they wanted to publicly state their opposition to the proposed legislation. “To insult us and say we are not capable of picking competent people is going too far,” said Council member Carol Clarke.

“We are competent to make decisions when it comes to governing and policy,” Council member LaTonya Tate said.

“The billing issues are being blamed on the board,” Council member Valerie Abbott said. “I don’t think you can blame it on the board.”

Abbott said there is some wisdom in requiring experts on the board.

Alexander and Smitherman have submitted a proposed city ordinance to the council that will be considered in committee next month that would tighten qualifications for the Water Works Board. It would require at least one board member appointed by the committee to have a financial background and at least one to have an engineering background. It also says all members appointed by the council must be experienced in business affairs and capable of understanding and managing the complexity of the operation of a water system.

“We can adopt those at the local level,” Clarke said. “I hope that we will.”

Several residents also spoke to the council in opposition to the proposed state legislation. “We need to keep our water,” said the Rev. Gwen Webb. “We don’t want people to feel they’re in control of us. We’re in control of our water.”