By Barnett Wright
The Birmingham Times
A state court judge has ruled that laws passed by state lawmakers to expand the Birmingham Water Works Board are constitutional.
The ruling is expected to be appealed by lawyers for the board who could ask for a motion to stay — which would prevent the board from being expanded on Jan. 1 to include members from other areas.
The Birmingham Water Works had asked for Judge Robert Vance to order the 2015 and 2016 legislative acts that expanded the board “null, void, and of no effect.”
However, Vance ruled against the utility.
“This court concludes that the 2015 & 2016 Acts are general laws duly passed by the Alabama Legislature,” he wrote in his Monday ruling. “While those Acts significantly revise the process of selecting members of the BWWB, moreover, they do not contravene constitutional provisions that prohibit laws impairing contractual obligations, and their application violates no due process rights.”
Vance’s decision upholds the law giving the Jefferson County Mayors’ Association, Blount and Shelby County Commissions power to appoint members to the board. The city of Birmingham will also get an extra appointment, meaning the five-member board would expand to nine members. Birmingham currently appoints all five board members.
Ken Thompson, an attorney for the mayors’ association, said, “We are pleased with the ruling. It means that as of Jan. 1 the board will be under new management. It is a victory for the ratepayers.”
Boardmembers declined to comment about the ruling.
However, in the past, board members have said they are vehemently opposed to expanding the board.
“I don’t know what the interest is of these outside communities because if you look at the system we sell water to anybody who wants to buy it and everyone is treated equally,” said George Munchus, a board member. “About 95 percent of the revenues are generated by residents in Jefferson County and all of the current boardmembers reside in Jefferson County.”
