Alabama: Repugnant practice

Advertiser Editorial: Repugnant practice

One good thing already has come out of the gambling corruption trial now ongoing in Montgomery -- the disclosure of the use of "referral fees" given by lobbyists to legislators.

Of course, ultimately the disclosure is only a good thing if it leads to the repugnant practice being stopped.

Testimony has shown that Republican state Rep. Barry Mask of Wetumpka and former Democratic Rep. Terry Spicer of Elba received such fees for years.

A lobbyist for the Country Crossing casino testified that he was funneling $1,000 to $2,000 in cash each month for six or seven years to Spicer while he was in the Legislature. The money supposedly was for referring clients to the lobbyist. Spicer failed to win re-election last year.

Mask was receiving "between $10,000 and $50,000" per year from Steve Windom, the former lieutenant governor who turned to lobbying as a career after leaving office. Those fees apparently started while Mask was himself a lobbyist. But they clearly should have ended as soon as Mask took public office.

It is bad enough that these two lawmakers were taking regular payments from lobbyists while serving in the Legislature. But the public may never have known about the payments without the issue coming up in the corruption trial.

And that raises a crucial and fundamental question -- how many other legislators are getting such payments?

The disclosure of the fees has prompted some calls for the Legislature to adopt reforms to prevent them. But it appears that such payments are already banned by the Ethics Act.

Jim Sumner, executive director of the Alabama Ethics Commission, said Friday that "these kind of relationships certainly appear to be the use of their office for personal gain."

For instance, other than certain exceptions spelled out in the law, the Ethics Act bars public officials from taking "a thing of value" in connection with their public office. And if $10,000 or more a year isn't a "thing of value," what is?

Earlier Sumner told The Associated Press: "I don't think a member of the Legislature should be paid for recommending a client to a lobbyist."

Years ago, the Alabama Legislature was dominated by lawyers. And many of those lawyer-legislators were paid hefty retainers by special interest groups. But when the law was changed to require those retainers to be disclosed, the number of lawyers in the Legislature started to disappear like bunnies at a magic show.

If lobbyists or organizations that lobby are allowed to start paying "referral fees" to legislators, it won't take long before the practice infects the entire legislative process.

The Ethics Commission should come down hard on any lobbyist or legislator involved in such a relationship.

It appears the current law would support strong enforcement, but if it proves ineffective the Legislature should amend it to ensure that "referral fees" and all similar practices are stamped out forever.