Alabama Ethics Commission Needs Subpoena Power, Governor Riley Says

Press Release

Date: Nov. 11, 2009
Location: Montgomery, AL

A national survey showing Alabama is one of only three states whose ethics commission does not have subpoena power is another sign that legislators need to pass a tougher accountability law in the upcoming regular session, Governor Bob Riley said.

"Alabama must have an ethics commission that is empowered and equipped to combat public corruption," said Governor Riley. "An independent ethics commission with subpoena power is absolutely necessary if we're ever going to be able to hold public officials accountable for their actions. Instead of having the weakest ethics commission in the nation, we need to have the strongest. I hope this survey will finally spur legislators to take serious action to strengthen our ethics code during the upcoming session."

Governor Riley has proposed sweeping reforms to strengthen Alabama's accountability and ethics laws, including legislation that would grant subpoena power to the Alabama Ethics Commission.

In addition to subpoena power, the Governor's proposal includes other reforms needed to strengthen the Ethics Commission:

• Post-investigation prosecution report required by attorney general/district attorney. Within 180 days of receiving a case referred by the Ethics Commission, the attorney general or the district attorney shall respond to the commission in writing stating whether he or she intends to pursue the case or close it, and why.

• Guaranteed appropriation for the Ethics Commission. To ensure the independence of the Ethics Commission, Governor Riley's proposal includes a guaranteed level of appropriation. The guaranteed appropriation could be reduced only if two-thirds of both the House and Senate vote to do so.

• Confirmation of appointees. To ensure political obstructionists don't hold nominations hostage, the proposal provides that appointees to the Ethics Commission will serve as interim members until their confirmation. If the Senate fails to take action on the nomination, the nominee is automatically confirmed. Members of the Ethics Commission are nominated by the Governor, Lieutenant Governor and Speaker of the House.


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