News, Views and Careers for All of Higher Education
March 30, 2007
It’s an oddity of Alabama’s governance structure that a college administrator who serves below the president could be in a position to direct funds to the institution and its leaders — his or her bosses. In other words, the state allows employees of colleges and other public entities to also serve in government — creating what has long been a sticky situation.
In the midst of investigations into Alabama’s two-year college system that center around financial arrangements, Gov. Bob Riley, a Republican, appears ready to take aim at the practice he calls “double dipping” by introducing a bill that could go as far as barring all legislators from holding concurrent college jobs.
“I believe it is wrong for elected officials to hold a second paying job with the state,” Riley wrote on his Web site. “[Double dipping] represents a conflict of interest.”
Added Tara Hutchinson, a Riley spokeswoman: “He has felt this should be addressed for some time, and with the recent media attention and with everything coming to light, it’s the right time to address the issue.”
Riley has not announced any details of the bill, such as whether it would cover employment at all state educational institutions or just some, such as the troubled two-year college system. Also unknown is whether legislation would bar future employment or mandate that current dual-public sector employees end their arrangements. Hutchinson said there is no timetable for the announcement.
The Alabama Department of Postsecondary Education said it is not commenting on the situation until specific legislation is announced.
The governor’s interest comes at a time of heightened scrutiny of Alabama’s two-year colleges. The system is under a criminal investigation for alleged corruption, and various officials have been accused of fraud and nepotism. The system’s chancellor, Thomas E. Corts, who had stepped in after a long career in private higher education to try to clean up the situation, recently resigned, not long after his predecessor was removed following a discovery that members of his family had been on the system’s payroll.
The most recent revelation, reported in several news outlets, is that State Rep. Ken Guin, the majority leader in Alabama’s Democratically- controlled House, receives paychecks from two community colleges at the same time, often submitting the same work. Guin told the Tuscaloosa News that he earmarks grant money only for K-12 schools. He did not respond to requests for comment on Thursday.
In recent days, several state legislators have come to the defense of the current arrangement. State Sen. Quinton Ross said it should be up to the public to determine who they want serving them.
“It’s no secret that I’m a lifelong educator,” said Ross, a Democrat, who is director of adult education at Trenholm State Technical College. “[The Governor] needs to find a new term because ‘double dipping’ doesn’t work. Any member of the Legislature can have what is perceived as a conflict of interest.
“In light of what has gone on in the college system, the governor is trying to sway public opinion,” he added. “This is an attempt to exclude a great portion of the population from being involved with the government.”
James L. Sumner Jr., director of the Alabama Ethics Commission, said the issue is on the mind of Alabama taxpayers, who he said generally don’t like the concept of people being publicly employed and serving in the Legislature. But he said that it is common and often harmless for, say, a county commissioner or a school board official to also hold another public office.
“Our position has always been, they’re free to do that, just take leave time in order to fulfill public office duties,” Sumner said. “The difficulty is, we just don’t know [if they’re following those guidelines].”
Sumner said he isn’t sure that a proposed bill that bans public employees from serving in another state office would be constitutional.
“There are hurdles to get across; there’s not a simple answer,” he said. “How do you create a class of people who can’t serve in public office?”
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My humble opinion is simply this: I don’t know of a state where their legislators make enough money to simply stop working in order to serve in the state house. I know in my state, SC, it is not uncommon for legislators to have a career and to serve in the House or Senate. I believe that these two bodies should have ethics committees who would make certain that their colleagues are not “pork barreling” funds directly to the institution for whom their are employed. Most ethical statespersons would not be inclined to do that anyway. Next, let’s face it MOST if not ALL state legislators have a college or university they favor and tend to direct their vote in favor of that institution. Why create a class of good people who can not serve their state and their constituants?
Martin, at 9:25 am EDT on March 30, 2007
Martin cannot be aware of the crazed behavior of the Alabama State Board of Education,the legislature, or the rank corruption gnawing at the heart and soul of the community college system in Alabama. While what he says is probably true in South Carolina and in other states, indictments, trials in Federal and state courts, and jail time seem to be in the future for many college personnel including state legislators. This is too bad but as I said months ago, the worst is yet to come. Unfortunately, the last sentence is still true.
Jeremiah, at 4:30 pm EDT on March 30, 2007
Oregon allows double-dipping, and also allows school board members to serve in the state legislature. It has had, in my view, a negative influence on the ability of the legislature to impartially and objectively carry out its duties. Based on Oregon’s unhappy experience, I support Governor Riley’s initiative.
Marvin McConoughey, at 4:30 pm EDT on March 30, 2007
As a foreigner I find it extraordinary that a member of any legislature whose income as a representative equalled or exceeded the standard pension could be permitted to work for pay outside the legislature. Apart from the obvious conflicts of interest mentioned by other posters I don’t see how a member could represent their constituents adequately.
People should be attracted to public office to serve the community, but if it were thought that the rate of pay was too low to attract people with enough talent then that is an argument for increasing legislaturers’ pay, not for allowing them to take outside employment.
Gavin, Principal Policy Adviser at Griffith University, Australia, at 7:11 pm EDT on March 30, 2007
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It is against Florida state law for school board members to also work at the schools that they govern. One of our local teachers was recently elected to the school board, and reluctantly resigned her teaching position.
The conflict of interest inherent “double dipping” should be obvious to everyone — that is, except the good ‘ol boys that reaps the benefits of being able to get away with it. No wonder it seems natural to them, something the rest of us would never think of taking-for-granted.
But I am sure that it continues, and will continue, for as long as individuals can be trusted to look after their own self-interest.
Glen S. McGhee, FHEAP, at 9:25 am EDT on March 30, 2007