Gov. Bentley’s Testimony Will Be a Public Meeting

A State Auditor’s meeting to receive documents from Gov. Robert Bentley and take his testimony under oath will be a public meeting.

State Auditor Jim Zeigler says research indicates that such a meeting would not fit under any recognized exception to public meeting laws, would be in public office space, and involve public officials and public documents. “It is the public’s business, and we will allow news media and citizens to attend.”

Zeigler has ordered Bentley to produce documents and give sworn testimony at 10 a.m., May 2 in the State Auditor’s office in the State Capitol Building.

He says that Bentley has not replied to the order, but news outlets report that Bentley says he will ignore the order.

Zeigler is using an Alabama law that gives him authority to compel a state official to produce documents and give testimony under oath. He issued an order to Bentley requiring testimony and documents in eleven areas of concern connected with the use of state resources by Bentley and his former aid Rebekah Mason.

Zeigler is asking those desiring to attend the examination to e-mail his office with the number of attendees in each group. He says space is limited in the State Auditor’s office and that a larger examination room may be needed. The e-mail reply is to the Auditor’s Administrative Assistant, Hope.Curry@auditor.alabama.gov.

In a statement released Friday, Bentley said:

“The appropriate legal process is through the Alabama Ethics Commission where the Auditor has already filed a complaint, and we are fully cooperating in every way. I do not intend to respond further to Mr. Zeigler.”

Zeigler says he is now studying options to enforce the order if Bentley does not comply by May 2. He says failure to comply would not constitute a criminal offense.

“We will take action after May 2nd if the order is not compiled with. Since i set the May 2nd date and time for compliance, I cannot do anything until that time has passed,” he said.

Zeigler is using a little-known provision, Code of Alabama 36-16-2:

The Auditor has authority require information on oath, to be administered by him, from any person touching any claim or account his required to audit.

“I will be in my office May 2nd at 10 a.m. with court reporter, and a Bible to swear on the Governor,” he said.