By Barnett Wright
The Birmingham Times
The Birmingham Water Works Board (BWWB) on Tuesday, Nov. 22 approved a three-year contract with its law firm, despite withering questioning from one of its members.
The board approved a contract with Birmingham-based Fuston, Petway & French LLP for legal services through 2019.
The vote came after nearly 30 minutes of questions from board member Sherry Lewis, who voted against the contract. BWWB chairman Ronald Mims and board members Kevin McKie and William Muhammad voted in favor. Board member George Munchus was not present.
Lewis said she was caught off guard by the contract and had less than 24 hours to review.
“I know it took longer than 24 hours to put this contract together … this is major,” she said. “I have not had ample time to review. I was surprised to see this on the agenda because I have not been involved with any discussion about this.”
Lewis said the contract “does not protect the board, and it takes away the board’s power. I’ve never seen anything like this.”
Last week, Lewis raised additional questions after her colleagues voted to transfer $2 million from its economic development fund to a contract compliance program. She said the transfer had not been openly discussed until after it appeared on the board agenda.
She contended that the legal contract with Fuston, Petway & French would put some of the board’s power in the hands of the lawyers. According to the new contract, she said, the firm “shall administer the contract compliance program …, [and] the contract compliance program services will be performed by such persons, corporations, or other entities as designated by FPF.”
“Not by the board, but by the attorneys. When did we take and give our power as board members to the attorneys?” she asked.
She also raised questions about language stating that it would take a supermajority of the five-member board to terminate the contract.
McKie said Lewis was off base.
“We would still have to approve all [of the law firm’s] invoices, and we would still have to approve money spent to set up that compliance program,” he said. “No money would be spent without board approval.”
McKie also said the supermajority clause in the contract does not change the board’s ability to take other action: “We could hire a new lawyer tomorrow and tell [FPF] ‘You get no more business. This [new firm] gets all the business. You’re on contract, but you’re not getting paid.’”
Muhammad said some criticisms directed at the board are “infantile.”
“Some things are personal and infantile, like ‘I can’t have my way, so I’m going to scream and holler,’” he said.
