Leadership of the Birmingham Water Works Board is splintered with a veteran member suing the agency accusing them of denying public information, and then a public scolding from the chairwoman lambasting him as the source of confusion.

George Munchus filed a lawsuit in Jefferson County Circuit Court earlier this month accusing the board of violating Alabama’s open records law by withholding detailed legal expenses from him.

At their first meeting since the suit was filed Water Works chair Tereshia Huffman Monday made her first public statements about the litigation, saying it is Munchus who is at fault. Huffman said the heart of the dispute is Munchus’ refusal to sign a pledge that the board adopted earlier this year.

By refusing to do so, Huffman said Munchus gave up his own rights, including the ability to serve on standing committees or hold a leadership position on the panel. Huffman described it as overblown the claim that documents are denied to Munchus.

“No one has taken away any of your rights a board member,” Huffman said speaking directly to Munchus. “You have given up your rights and you have given up your responsibility as a board member by not signing the pledge.”

According to his lawsuit, Munchus made requests for monthly invoices submitted by each law firm for the calendar years of 2015 through 2023.

In the lawsuit, Munchus says Michael Johnson, the general manager of the Water Works, denied his requests to view and take copies of the utility’s monthly invoices for legal expenses. Johnson cited the board’s policy, which only allows the public to see a summary of the legal bills, according to the lawsuit.

“Due to their sensitive and confidential nature, invoices detailing the legal services being provided the Water Works Board by its legal counsel(s) shall only be maintained in the offices of the General Manager and the Board Administrator for the board of directors,” the policy states. “Members of the board seeking to see the full invoices may only do so while in the executive offices of the Water Works.”

Munchus maintains that invoices paid for with public money from a public agency are public documents for all to see. He called talk about the pledge a diversion from the real issue behind his lawsuit.

Huffman told Munchus this week that he still had the option to sign the pledge if he desired.

The Water Works Board in April adopted a policy and pledge that required members to undergo training on ethics, procedures, and other water industry topics. The related pledge includes provisions that board members agree in part to:

• Show respect for the opinions of our peers on the board of directors and staff who work with the BWWB even if our opinion differs and to leave our personal prejudices out of all board discussions

• Represent the BWWB in a positive and supportive manner at all times and in all places

• Observe parliamentary procedures and display courteous conduct in all meetings

• Refrain from intruding on administrative issues that are the responsibility of management, except to monitor the results and prohibit methods that conflict with BWWB policy

• Avoid conflicts of interest between my position as a director and my personal or business life, and declare such conflicts if they arise, refraining from voting on matters in which I have a conflict

• Support in a positive manner all actions approved by the Board of Directors even when I am in a minority position on such actions

Both Munchus and board member Lucien Blankenship voted against the measure in April. The policy and pledge came while legislators considered new rules on the utility from State Reps. Jim Carns and David Faulkner to restructure leadership at the utility. Current board members could have been immediately replaced with new appointees under that proposal.

Munchus during the meeting declined to respond to the Huffman’s comments. He told AL.com later that he refused to sign the pledge because some points represent an attempt to muzzle board members who have diverse opinions.

“I don’t see any relationship between the lawsuit and this pledge policy,” he said “The lawsuit had absolutely nothing to do with the pledge. That lawsuit is about trying to secure information that the public has a right to. It is not about me. It’s about the public’s right to have copies of any and all invoices, not just legal invoices but all invoices.”

Board member Larry Ward on Monday echoed Huffman and expressed his dismay over the lawsuit. He described Munchus’ move as an affront to Huffman’s who has “worked so damn hard” to avoid conflict and the ire of the state legislature.

“I’m sorry this has come to this,” Ward said.

Huffman was elected chair in Jan. 2023 and pledged to work to improve the utility’s perception by the public.

State legislators for years have proposed and passed new rules governing the operation and composition of the water works board following decades of complaints from customers about rates, along with grumbles surrounding the utility’s spending practices.

Regarding the ethics component of the pledge, Munchus said he agrees with it and has participated in ethics training. Still, Munchus said he would not sign away his rights to have dissenting opinions.

“I’ve done everything that is in the pledge except sign it,” he said.

Munchus told AL.com that he was shocked by Huffman’s comments and the board’s unprecedented discussion of pending litigation in public. Nevertheless, Munchus said he hopes the new openness would also apply to his request for greater access to public information.