The Alabama Voter 
Fall 2011 Edition
Published November 19, 2011
Read here online or download the print edition.

• A Byrd's Eye View: Talk the Talk, Walk the Walk, and Make the Ask
• Advocacy Priorities Set by LWVAL Board
• Investment Proposal
• Constitutional Reform Commission
• Public Transit
• What's Really Happening with Redistricting?
• LWVAL Testimony to the Constitutional Revision Commission
• Stay "in the know" with LWVAL Facebook and Twitter
• REMINDER - Consensus on Charter Schools Due in March
• From Your Voter Service Chair
• LWVUS Statement on Immigration
• What's State Board Up To?
• Natural Resources News
• Successful Sustain Our State Rally in Birmingham’s Linn Park August 16
• Local League News
• Social Justice Training Seminar Supported by LWVAL Board Members
• LWVAL Board and Off-board

A Byrd's Eye View:
Talk the Talk, Walk the Walk, and Make the Ask!

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Advocacy Priorities Set by LWVAL Board

At its October meeting the State Board set the 2012 Legislative Priorities. They will be used as guidelines by the LWVAL Advocacy Committee as it evaluates bills introduced in the 2012 Legislative Session that begins in February. They may also be used for advocacy with state agencies and commissions.

The priorities are divided into three categories:

Priority I – the highest level – represents areas that will be monitored for action and receive the greatest expenditure of League resources. Areas in this category include:

• Constitutional reform
  ▪ Campaign Finance and Elections – Redistricting; Campaign finance; Timely reporting of expenditures and donations; easy access to such information
  ▪ Voting access and practices
  ▪ Ethics in government
  ▪ Government transparency and accountability; and
  ▪ Natural Resources – Energy policy.
  

• Tax reform, including ending sales tax on groceries
  ▪ Judicial qualifications and selection, including merit selection
  ▪ Natural Resources – Maintaining water purity and air quality; Alabama Water Management Plan; Coastal zone protection; and Recycling
  ▪ Public transportation
  

Investment Proposal

During the recent LWVAL State Convention, an offer was made by Mobile member and investment professional, Debra Butler, to manage the League’s funds currently placed with Morgan Stanley. The League could save on the annual fee imposed by Morgan Stanley and also receive a higher level of customer service.

A proposal was submitted to the Board for consideration, but there was unfortunately not enough time left in the quarterly Board meeting to adequately consider such an important matter. Instead, the Board has tabled the discussion until the next meeting. The proposal is presented here in summary for your review.

There are many activities the Board would like to engage in if the funds were available. However, the League’s operating budget is very small and could not support those activities. Investing a portion of our principal in slightly riskier products could help accomplish small projects. In considering this proposal, the Board will need to consider its current and long-term investment goals with regards to funding, contributions and gifts, endowments, timelines, and risk tolerance.

This proposal is based on four basic assumptions. The funds in the account are designated for the administration and operation of the state League and its programs. They should not be used to fund any purpose other than those mandated by the national League or determined by the state finance committee and/or executive board. The funds in the account should be invested in order to earn a “reasonable” rate of return, that is, a rate of return that equals or exceeds the annual rate of inflation. Lastly, a minimum balance should be maintained as reserves, in an amount determined by the executive board.

Proposed Investment Mix

• 20-25% of the funds to be held as reserves. (Forms of fixed income, i.e., municipal bonds, preferred stock, and bond funds with quarterly dividends.) Reserves are normally held for emergencies or as financial leverage or collateral for capital projects.
  ▪ 30-45% of the funds to be held in cash or cash equivalents. (Short term certificates of deposit, i.e. 60 days or money market funds for ongoing operations.)
  ▪ 25-30% of the funds to be indexed and linked to market performance. This strategy provides the best opportunity for higher returns, but inherently has the most risk. When the funds are invested in mutual funds, they can be “re-evaluated” every quarter and if necessary, transferred into less risky funds without transaction costs.
  ▪ Members would be encouraged to give stock and securities. The gift provides the benefit of tax relief to the donor, and the League is able to capture capital gains. This strategy also releases additional cash if the securities are held as reserves.
  

Fees and Costs

• Account fees are generally $100- $150 per year. When securities are purchased, brokerage charges are based on a sliding scale determined by the transaction amount, ranging from $35-$75. Mutual fund shares are charged only when they are redeemed. All brokerage commissions will be rebated back to the League.
  

Constitutional Reform Commission

by Nancy Ekberg, LWVAL Constitutional Reform Chair

The 16 member Commission had their third meeting two weeks ago and will have had their fourth meeting Nov. 16th by the time of publication of this VOTER. They voted to approve minor changes to Article XIII, the Banking Article, and minor changes to Article XII, the Corporation Article.

They did not vote on Article III, the Separation of Powers Article, but I do not foresee any changes and so they will probably approve that on the 16th. They will deal with the structure of the Legislature as they tackle Article IV, the Legislature Article. This is the Article where home rule for counties could be introduced.
The State League will make a presentation at the meeting on the 16th. Ruth Wright and others are framing the League's position on home rule and Ruth Ott will read the statement

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Public Transit

by Nancy Ekberg, LWVAL Public Transit Chair

The Alabama Transit Coalition has been meeting monthly, with new chair, Karen Peterlin who heads up the non-profit transit system, Kid One.

The Steering Committee (on which I represent the League) will meet with the new head of ALDOT, Director John Cooper on November 8th, and will plan to meet with the new head of the Department of Senior Services next month. We will plan to get on the agendas of the RPCs, COGs MPOs, League of Municipalities, County Commissioners Association and Mayors' organizations to access their support of public transit.

We aim to watch legislation in 2012 and support any that might provide transit support. We are also participating in a UTCA (University Transportation Center for Alabama) study of transit opportunities in Alabama.

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What's Really Happening with Redistricting?

by Kathryn Byrd, LWVAL President

The 2010 census is complete. The law mandates that the U.S. Congress reapportion itself, based on the current census data. As a result, some states may actually gain or lose a congressional seat because of shifting population patterns. However, Alabama did not gain or lose any congressional seats this round.

In addition, each state is responsible to redrawing district lines, from Congressional seats to legislative district boundaries, down to county, municipal, and locally elected school boards. The entire process is overseen by the PERMANENT LEGISLATIVE COMMITTEE ON REAPPORTIONMENT (composed of the Legislative Reapportionment 11 members appointed by the Lt. Gov. from the Senate, 1 member from each congressional district and 4 members at-large. 11 members were appointed by the Speaker of the House from the House, 1 member from each congressional district and 4 members at-large.) The task is quite complex from a technical viewpoint, because in addition to shifting numbers, there are cultural considerations, and computer software can help to consider these factors. Important dates and information (including transcripts of the hearings and existing district maps) are posted at www.legislature.state.al.us/reapportionment/reap.html.

In the spring, I spoke on behalf of the LWVAL at one of seven statewide hearings regarding our Congressional and State Board of Education districts. Specifically, I spoke about principles that should be applied to drawing district lines for Alabama’s seven congressional seats and eight State Board of Education seats. In October, I spoke at one of 21 hearings regarding Alabama Senate and House redistricting. You can read the text of my presentation below, and also on the website shown below.

The Reapportionment Office is headed by Supervisor Bonnie Shanholtzer. Curious about the progress of the redistricting process, I emailed Ms. Shanholtzer on Nov. 7th for an update. She responded,

“As of this date, we do not have a proposed map for the Alabama legislative districts. I do not know when that will be available. The submission for the Congressional plan was 09/20/2011 and the submission for the BOE plan was 09/21/2011. Justice has 60 days to give us an answer; however, about a week or so ago Justice did ask for some additional information. They may have an additional 60 days from when this request was made. I don't know if they plan on using this additional 60 days or not. If not, we should receive an answer by Nov. 20th.”

My name is Kathryn Byrd. I am State President of the League of Women Voters of Alabama. The League of Women Voters is a nonpartisan organization dedicated to the active and informed participation of citizens in government. Although we never support or oppose political candidates or political parties, we take action on selected issues which we have studied in depth and on which we have come to consensus. As related to tonight’s proceedings, the League has been a long and strong advocate of promoting a governmental system that is representative, accountable, and responsive to our citizens.

To achieve these goals, the League of Women Voters urges transparency of the redistricting process and a meaningful opportunity for interested parties and for the public to participate effectively. Alabama, with its infamous history in this area, is making progress. The 21 hearings around the state regarding legislative redistricting, such as the one tonight, give evidence of that. We hope that these hearings will really have an impact, and not become just a pro forma exercise, with backroom decision making still being the reality.

In these days with easily generated redistricting maps through computer software, boundaries can be developed to meet a variety of criteria. The reality is that redistricting remains a very political process. Here are some points we urge our legislators to consider the following standards for redistricting:

1. We urge the Permanent Legislative Committee on Reapportionment and subsequently the whole body of the Alabama Legislature to adhere to all Constitutional and Voting Rights Act requirements. As one of the states which must abide by Section 5 of the Voting Rights Act, our new plan must achieve federal approval. Let’s hope a plan is developed that is readily accepted, rather than having it face federal intervention.

2. We urge a plan that will promote competitiveness and partisan fairness. The temptation is present for allowing political gerrymandering to guarantee incumbents their seats or to gain additional seats in the legislature. The League of Women Voters, as I mentioned is always nonpartisan, and we never favor one party over another. But we do believe in the importance of a two-party system that allows for give-and-take discussion of the issues facing the state of Alabama.

3. Respect political subdivisions and communities of interest. Keeping communities intact increases the chances that representatives find themselves responsive to a more unified set of interests, ensuring that political and social communities have some representation in the legislature.

4. Encourage geographical compactness and respect for natural geographical features and barriers. Certainly Tuscaloosa County is a good example of representation that is not compact. We currently have seven House members and three Senators representing our county, with some members of the local delegation having only a relatively small edge of the county that they represent. We are not questioning the sincerity with which all our local delegation has represented us, but the current system is unwieldy.

On behalf of the League of Women Voters of Alabama, I thank you for this opportunity to provide our input on legislative redistricting in Alabama. I hope the Redistricting Committee and the Permanent Legislative Committee on Reapportionment and ultimately Alabama legislature will make a concerted effort to listen to its citizens and to do the right thing.

LWVAL Testimony to the Constitutional Revision Commission

Presented November 16, 2011 by League member, Ruth Ott

The League of Women Voters of Alabama is heartened by the legislature’s decision to revise the Constitution and finally allow citizens to vote on the revisions. We have been devoted to this cause since 1967, when we first undertook at study of the 1901 Constitution. We thank the Commission for this opportunity to discuss Article IV with a focus on the need for Home Rule.

We are a nonpartisan political organization that encourages the informed and active participation of citizens in government, works to increase the understanding of major public policy issues, and influences public policy through education and advocacy. League advocates only after study and membership agreement through consensus. We have been committed advocates for a better constitution at every opportunity since 1967. This is by no means our first such testimony.

The background for our testimony today includes our past knowledge combined with our steady and close observation of state government, our studies of policy issues, and the knowledge our local leagues gain from their heavy involvement with city and county governments. All that we know convinces us that constitutional revision should have the highest priority. Home Rule is a necessary prelude to the solution of many problems. Through home rule citizens are able to exercise their democratic right to decide purely local issues for themselves.

The League seeks a functioning and accessible constitution. That constitution should provide a framework for government that broadly defines authorities, responsibilities, and relationships between branches of state government and between state and local governments. Unlike our current document, it should contain neither statutory law nor restrictive detail that requires continual amendment. The current tangle of laws, amendments, and complex arrangements constructed over the years to avoid the limitations of the 1901 constitution create an insurmountable barrier to efficient, effective government and thwart the efforts of citizens who seek to work for good government.

To the extent that citizens’ current distrust of government is based on this failure to understand, there is no hope for improvement until the Constitution is freed from the 110 year old restrictions created by outdated circumstances and details.

Until then, the old problems with the constitution and the lack of home rule persist and new problems arise. According to county officials complaining in forums of the Redistricting Committee, old relationships between county government and the legislative delegation have failed since 2001, because many counties now have delegations too large and members too distant for legislators to make informed decisions on local issues and interact with county governments as they once did. In tracing Constitution Revision and Home Rule through the proposed versions and in following public discussion, the League finds encouragement to hope for general agreement about the problems caused by lack of home rule. In our comparison of previous Home Rule proposals we believe that the broad outlines of a rational plan are available.

The LWVAL support position, reached in 1970, states: "The state constitution should provide a broad grant of authority to local governing units to enable them to attempt to meet their own local problems independently of the state legislature and/or of the state electorate. It should provide guarantees that the choice of form of local government should be determined by the local electorate and it should promote maximum inter-governmental cooperation in seeking solutions to problems that cross the boundaries of political subdivisions."

We are most grateful to you for your work on this important Commission. We promise to promote public support for the revisions through education.

The League of Women Voters of Alabama