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By Verna Gates and Bill Gerdes
Business Alabama
January 2001

    In the land of states' rights, local determination is not good enough for the folks back home.
Leading county commissioners from across the state say they're fed up with having to trot to
Montgomery for amendments funding everything from rat poison to county jails.

   Amendment 351 of Alabama's Constitution allows Mobile County to kill mosquitoes and rats. Other state amendments and bills address Mobile County's laws on everything from loitering, littering, playing boom boxes after midnight and picking up stray dogs. Sam Jones, president of the Mobile County Commission, finds this situation ludicrous at best, hypocritical at worst.

   "Home rule means allowing local people to make local decisions. It's the same argument with state's rights versus federal rights. It's hypocritical to argue state's rights in the Legislature while they hamstring counties with no home rule," says Jones, also past president of the Alabama Association of County Commissions (1998) and a member of the board of the National Association of Counties.

   Planning is a major issue for this rapidly growing county. Mobile County gets one of the largest amounts of rainfall in the U.S., yet the County Commission cannot plan drainage systems for growth. Even if commissioners could raise money for sanitary sewage, they do not have the power to require people to hook up to the system. So, run-off and leaks from septic tanks contaminate the water. Industry is also difficult to attract without a wastewater treatment system.

   "It's hard to believe that a county the size of Mobile does not have a planning department. There is no county zoning. Counties have less authority than cities to provide basic services. We do not have the authority to solve problems. Problems happen year-round. The Legislature only meets a few months a year," Jones says.

   Mobile County is also facing an education funding crisis. Last year a funding proposal failed in the Legislature, where just one Senator can block a bill. The Mobile County proposal never made it out of committee, past their own delegation. A new proposal must be made in the next session.

   "We have the will to solve the problem but not the authority to solve the problem. Responsibility without authority is a system designed to fail," says Jones.

   According to Jones, powerful special interests are blocking the way for home rule. He believes it's easier for special interests to toss their weight around in the narrow halls of Montgomery rather than in the wide spectrum of all 67 counties.

   "It's very easy for large lobbying interests to control counties without leaving Montgomery. ALFA is instrumental and is fighting home rule in a big way. But Alabama has outgrown this antiquated system of counties having to go to the state to make routine decisions. The people would be better served if decisions were made closer to home. Government is best when it is closest to the people," Jones says.

   In another angle, Jones asserts home rule would create more responsibility among local officials. Rather than blaming Montgomery, local officials would have to take action.

   "It will take the excuse away and hold local officials responsible for what they were elected to do," he says.

   Meanwhile, Jones must reconstruct his proposal for education funding and head back to Montgomery in February. - V.G.

Mary Buckelew, Jefferson County

   When the U.S. Post Office went up on postal rates, Jefferson County started losing 20 cents for every state license plate it mailed out. Rather than simply raising the fee to match the cost, the county had to wait a year for the Legislature to approve the increase.

   "For Christ's sake, we're adults! Twenty cents is a housekeeping issue for a rate change beyond our control. It should not be blocked for a year. The Alabama Constitution is synonymous with crazy," says Jefferson County Commissioner Mary Buckelew.

   When Jefferson County wanted to further modernize its licensing system via credit cards and the Internet, it took several years of legislative wrangling. The sticking point proved to be the small fees charged by credit card companies. Even though a precedent was already set by the mailing charge of $1 for those preferring not to stand in line at a license office, still the issue of taxpayer charges, even voluntary ones, had to go through the Legislature.

   "When we first came up with the idea of taking tags and licenses online, we didn't have the authority to do it. The fee bogged it down. We can't charge the rest of the taxpayers for the convenience of some, so we had to charge. Still, we're one of the first counties in the country to go online, even though it took two to three years to do it," says Buckelew.

   In issues with no relevance outside the county, still the Legislature has to wave its wand over it. Most of the municipalities in Jefferson County enforce curfews on teenagers to cut down on crime and general mischief. However, the ever-clever teenagers found unincorporated areas to congregate, making a county-wide curfew became a legislative issue.

   "The Constitution doesn't allow Jefferson County to solve its own problems; in fact, it hampers our ability to serve constituents. If we can collectively agree along with our constituents to do the best for our county, that's self-government, it's the American way. I have better things to do than spend time and money going to Montgomery. Most of the people there are voting on issues when they don't live here and don't care. It's crazy. The Legislature should be spending time on issues like our water problems with Georgia," Buckelew says.

   Instead, the Legislature has to be worried with issues such as Jefferson County fire hoses. While municipalities and communities have created solutions for the lack of a county-wide fire control, regressive laws inhibit the ability to craft a uniform system.

   "We cannot vote an ad valorem to do it. Any mayor, council, school board or any elected official should be able to take any issue to the ballot box. This limit is one of the saddest parts about our laws. It takes a lot to keep from losing our vitality and interest in issues," Buckelew says. "The Alabama Constitution was not written as a source in inspiration and encouragement for Alabama to create a society to work in unison to pursue life, liberty and happiness, but as a document to control, discourage and limit the mind and spirit of its people," Buckelew says. - V.G.

Larry White, Escambia County

   By 2003, the probate judge in Escambia County would have been earning $125,000 per year because of a quirk in local and state salary bills. The sheriff would have been slaving away for a mere $50,000. Rather than being able to decide how much the county could afford for each position, the matter had to be decided in Montgomery.

   "The salaries were disproportionate. We had to pass a bill through the Legislature to level the salaries of county employees, the tax assessor, tax collector, sheriff and probate judge," says Larry White, president of the Escambia County Commission.

   A great deal of time was spent organizing the bill, which had to be advertised at the expense of the county. Then it had to be read in the House and passed and read in the Senate and passed. The county sweated out a filibuster, afraid the bill would not make it through the session, sealing the county's fate with a salary it could not afford. The bill passed on the last day in the 11th hour. The new probate judgeship will earn $60,000, more in keeping with the county budget.

   "Here we were on pins and needles for a bill that meant nothing to anyone but Escambia County. Why Montgomery? They do not pay the bills. What should have happened is the County Commission would decide to pay a salary that would not be a strain on the county," White says.

   He adds that the supernumerary issues appearing on the ballots of every Alabama voter are unnecessary. That decision should be given to local governing bodies.

   "Why should Morgan County vote on Escambia County or vice versa? It gets a bit ridiculous," White says.

   According to White, he has no authority to deal with anything concerning fees or permanent policy in his county. Even personnel policies, such as how many employees work in the tax assessor's office, have to be approved by the state.

   "So much of our responsibility is not supported by authority," White says.

   White does not expect the system to change soon or easily. He suggests a compromise where state legislators could have local input without involving the whole house and senate.

   "I don't know that the Legislature is going to relieve themselves of that authority. They like to have input into their own district. They are elected officials and deserve that. I think a good compromise is for our two legislators to sit down with the five county commissioners and make a decision without having to run to Montgomery," White says.

   White also points out that if home rule actually comes to pass, county commissioners will have actual power. Voters will need to take elections more seriously and vote for people with greater qualifications than the ability to spot a pothole.

   "The county is where the rubber meets the road, where decisions affect people the most. We need to make sure we elect qualified people who are able to make the best decisions and operate county government in the best possible manner," he says. - V.G.

Mark Culver, Houston County

   For Mark Culver, chairman of the Houston County Commission, home rule, or "self governance," as he prefers, is "a basic governmental principal."

   "It is the principle that local officials can make decisions on local issues at the local level. We as county commissioners should be able to make many of these decisions without depending on another level of governance, just as cities have been able to do for many years," he says.

   Culver, 44, was born in Dothan, earned a degree in business administration from nearby Auburn University and has been a member of the county commission since 1986. He was appointed chairman in 1997 and elected to the post the following year.

   He says the past November election is a good example of why counties in Alabama need home rule. "We had seven or eight issues on a statewide ballot that were local issues and not statewide issues at all. We would like the ability to do ordinances such as cities do, in such areas, for example as noise and dog control."

   He says in growing counties such as Houston, located in the southeast corner of the state in what is known as the Wiregrass region, the issues of land use and planning are great concerns.

   "We have a lot of people moving from Dothan to unincorporated areas. We need to have a plan so that that group does not manage us but we manage them," he says.

   Unlike in some counties, Culver says, the lack of home rule has not had a significant impact on Houston County's ability to fund key projects or improvement efforts, "because we have a remarkably good working relationship with our legislative delegation." Also, he says his county has a good tax base and "we are not scraping for every nickel and dime and that allows us the funds to address some of our problems."

   Culver says the Houston County Commission does not have a planning and zoning responsibility, " but we are on the verge of implementing an inspection program and that is a first step. But at some point, we are going to have to evaluate the land use issue and come up with a plan or we are going to have a mess on out there. If I move to the county and build a house, there is nothing to keep a swine farm or a chicken farm from locating right next to me. Of course, some people think you should be able to do anything you want with your property, but we have to have some kind of land use plan."

   In some areas where home rule is being debated, a key point in the debate is unfunded mandates, in which case the state or the federal government mandates the county to make specific improvements or implement certain programs without sufficient, if any, funding. The Alabama Legislature two years ago approved a measure to limit unfunded mandates, but Culver says the issue is still a concern. "In some cases we have had to go back to the Legislature and ask for more money to complete unfunded mandate projects that were already underway."

   A major hurdle to home rule is convincing voters home rule is not a road to higher taxes and unbridled taxing power. "The year before last we were going to try to get a local home rule passed, and we had a lot of support for it," Culver says. "Our home builders were real supportive, but you have your people who are very leery of it, especially the tax issue. If you try to give a county commission taxing power, you kill anything on the ballot. You have to sell it as a revenue enhancement issue."

   Culver says the diversity of the state's counties - large vs. small, rural vs. urban, affluent vs. poor - means there will be a difference of opinion about whether home rule is needed. But he says he thinks all counties would like the ability, aside from the land use issues, to make rules and regulations aimed at improving the quality of life in the county. "I think in the long term, you try to get something approved that gives some regulating authority to the counties and the counties will buy into that," he says.

   "I just want people to realize the situation that counties in the state are in; that we are governing with what the state has given us to use and we don't have the authority to make any changes in our governments. We would like authority to do that at the local level," he says.
- B.G.

Hardy McCollum, Tuscaloosa County

   Ask Probate Judge Hardy McCollum to define "home rule" and you get a judge's definition.

   "Obviously, the term home rule to me means that the county government, as it relates to Tuscaloosa County, would have legislative abilities, that is, not only executive authority but also legislative authority."

   Home rule is being discussed in Tuscaloosa County these days because, the judge says, "It would allow us to deal with local problems and local concerns and what have you without having to run to the Legislature once a year. It would allow us to do some things in land use planning and land use development, sanitary collection systems and other things we would be empowered to deal with."

   McCollum, chairman of the Tuscaloosa County Commission, says the lack of home rule has meant that Tuscaloosa County "has been unable to approve such things as sewer assessments for those areas that want them. We don't have the ability to do that and that is a key area for growth and improvement in the quality of life."

   McCollum says another aspect of the lack of home rule is that Tuscaloosa County continues to deal with unfunded mandates at the state and federal level. "The governor passes an edict that we get rid of all portable classrooms but provides no funding. We are left to deal with the problems of carrying out what he wants accomplished but with no ability to fund it. Trying to build new bridges under this new bridge program will be a problem."

   McCollum, a graduate of The University of Alabama, was elected to the commission in 1976 and served as president of the Association of County Commissioners of Alabama in 1995-96.

   He says people in Tuscaloosa County are becoming more aware of the need for more local authority. "Everyone has a fear of taxation, but all municipalities have taxing powers now. Really, the only other thing that is out there, the only viable thing, is to deal with sales taxes, and we can't deal with sales taxes the way the law is written now. We are more interested in making sure that if we have to have a fee for services like sewers, we can do that."

   The judge acknowledged lack of home rule has affected the way Tuscaloosa County, home of the huge Mercedes-Benz USA Inc. plant, has been able to develop and assure quality development. "We have done a good job as a community of attracting jobs, but when you look at dealing with that growth, our hands are tied."

   As for the differences in rural and urban counties and their attitude toward home rule, McCollum says firms like ALFA have a greater influence in small counties than they do in urban communities, and that small counties don't deal with the serious growth issues that urban areas have to deal with.

   "We got a lot of responsibility with no authority, and it is time we get some authority to go along with our responsibility," he says.

   The idea that increased local autonomy will lead to increased taxes is a misperception, he says. "We (the county commission) are close to the taxpayers and citizens and we are going to be more in tune with the taxpayers than people who go to Montgomery once a year and we are rightly the ones to have the ability to deal with these problems."
- B.G.

Larry Bennich, Morgan County

   Larry Bennich has been a farmer all his life, working land that backs up to Wheeler Wildlife Refuge in north Alabama and enjoying the ducks and geese that fly into the refuge each fall and winter. "We've farmed row crops - cotton, corn, soybeans. My family has been on this land since 1919."

   Bennich seems more concerned with the recent drought than with his county's lack of home rule.

   "I'm not enamored with having home rule, because we have a good relationship with our legislative delegation. I don't see any reason for having any more authority than you can pay for," says Bennich, the chairman of the Morgan County Commission.

   Bennich has served as chairman of the commission for 14 years and was re-elected in 1998 for six additional years. He attended The University of Alabama and has spent the past 30 years farming. He is on the Board of Directors of the Alabama Farmers' Co-op, the Morgan Farmers Co-op and is a member of the National Association of Counties' Agriculture and Rural Affairs Steering Committee.

   "I've been a farmer out here all my life, but now Decatur is right at the end of our driveway, so we've had to change our way of doing things," he says. To that end, Bennich has been involved in trying to start a land use plan for rural counties.

   "I don't see any real impact from the lack of home rule except we do have to go to the Legislature from time to time, and our delegation has been most cooperative," Bennich says.

   While planning and zoning in some counties might be an issue, he adds, in "Morgan County that is really non-existent, because there is really very little we can do. But I am not sure it would have been addressed if we had had the ability."

   He says the unfunded mandates that have been a problem in other areas have not been a problem in Morgan County.

   In Morgan County, Bennich says, "Any changes raise a lot of questions about things such as zoning and taxes. I think if you put it to a vote they would probably vote it down. Right now we have the option of going to the Legislature to raise revenues, and I don't think people are willing to give that power to the county commission. I think people probably are afraid of increased taxes.

   "I'm not against home rule, but I think it will take a lot of effort and organization to put it together. A lot of people like ALFA and the farmers' organizations need to be on board. We would have to impress on them that zoning and land use will be a real tool for them. We talk a lot about the needs of various sized counties, and we may want to wait until a county reaches a certain threshold of population to put in home rule," he says.

   "Morgan County is slowly becoming more urban, and I think there is going to be an appropriate time for home rule, but I don't think it is right now," he added.
- B.G.

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