There's a way to fix Jefferson County's problems

By Owen Drake

In 1988, our current five-member Jefferson County Commission was established through the federal district court system. The court system changed the commission from a three-member body with members elected countywide, to a five-member commission with members elected from districts.

The people of Jefferson County did not vote on the issue. Our legislators did not vote on the issue.

Twenty years of the five-member commission elected from districts has shown it is completely incapable of functioning in ways that benefit the citizens of the county. It makes no difference the racial make-up of the commission or the political party affiliation of the commissioners. None is beholden to all the people in the county; therefore, each focuses attention almost exclusively on his or her districts and the county departments he or she oversees.

Commissioners each have direct executive authority over roughly one-fifth of county departments and personnel. Their authority causes the commissioners' loyalty to be directed to departments they oversee, with none having concern for the county government as a whole. These split loyalties make compromise very difficult, and usually result in 3-2 votes on significant issues. A three-member majority is continually shifting based on the levels of interest in the various issues by residents of each district. This results in very shortsighted consideration of issues before the commission.

No commissioner is charged with concerns of the county as a whole. When three commissioners vote for something, it becomes binding on all five commissioners without any further review.  

Contrast this with our federal, state and city governments, where an official elected by all the people can veto actions of the legislative body. In the federal government, the president can veto the actions of Congress. In our state government, the governor can veto the actions of the Legislature. In many cities and towns, the mayor can veto the actions of the council.

Jefferson County's five-member commission has created the largest debt of any local government in our nation, and has stymied economic growth in Jefferson County due to its inability to focus on and bring resolution to county issues and problems.

With none charged with overall county concerns, and with the absence of controls on a shifting three-member majority, there is no plan for the future of Jefferson County and its citizens. It will simply be more of the same if changes are not made.

I have pre-filed House Bill 53 in the Alabama Legislature. This bill will change our current County Commission form of government to an executive/council form of government. My bill will provide a chief executive to be elected countywide, who will have the executive authority in the county government. A five-member county council will have legislative authority in the county government. A professional county manager will manage county operations, oversee the operation of all county departments and report to the chief executive officer.

This form of government provides separation of the executive and legislative powers and establishes the basis for professional management of county operations. Enactment of this legislation will provide much-needed checks and balances.

Most who have read my bill or have discussed it in-depth agree with the ideas set forth and believe this form of government will strengthen Jefferson County and bring it back to its rightful position of leadership in Alabama government and economic status.

Some have suggested there should be more than five members of the county council. I agree with those suggestions. However, achieving this change in government will require the Alabama Legislature to adopt the bill in the next session, which begins in January, and Gov. Bob Riley must sign it into law. The legislation must be submitted to the U.S. Department of Justice for approval under the Voting Rights Act of 1965. Justice Department approval must be gained prior to primary elections in June 2010 for election of the chief executive and county council members in November 2010.

The five-member commission and its districts are established through a federal court. In my opinion, the Justice Department will view the five-member configuration as the norm. If we change the number of districts, we will be altering the way officials are elected, and it will take the Justice Department longer to study the new plan and render its approval. If these steps are not accomplished, we will endure four more years of the current dysfunctional form of government.

Soon after the bill is signed by the governor, I will introduce additional legislation to increase the number of county council districts to the number required to provide adequate and demographically equal representation to all citizens of Jefferson County.

It is my hope that citizens of Jefferson County will support the provisions of HB 53 and will communicate their support to their representative and senator in the Legislature.