By Bayne Hughes The Decatur Daily, Ala. (TNS) & Tribune Media Services
The Alabama Ethics Commission ruled Wednesday that there was cause to hold that Mayor Tab Bowling committed a “minor violation” of the Alabama Ethics Act when he used the Aquadome Recreation Center for a private pickleball game when it was closed to the public.
During its monthly meeting in Montgomery, the commission moved to handle the violation administratively and voted 3-0 to refer the case for review to a local district attorney.
According to state law, the “commission may impose an administrative penalty not to exceed $6,000 for any minor violation,” if there’s a unanimous vote and Morgan County District Attorney Scott Anderson approves the resolution.
In a text message to The Decatur Daily on Thursday, Bowling said, “I used a public facility that was closed to the public. It was a recreation center. I’m comfortable with the Commission’s decision.”
Southwest Decatur resident Mike Faruqui, who filed the complaint against Bowling, said he received an email on Wednesday night informing him of the commission’s finding.
Faruqui said Thursday that he’s not disappointed with the commission’s finding.
“I had a lot of sleepless nights over this, but it was worthwhile,” Faruqui said. “At the end of the day, this was a very minor thing. It does reflect negatively on his character.”
However, he said he’s most disappointed with the City Council’s lack of action.
“The council could have admonished the mayor and they chose not to do anything,” Faruqui said. “By not doing anything, the council was saying, ‘This is acceptable behavior.’”
Council President Jacob Ladner said he “doesn’t have any comments on any of Mr. Faruqui’s opinions.”
Ladner then added the Ethics Commission and complaint system is for citizens when they have concerns.
“I think the council admonishing or doing some kind of resolution that we don’t agree with certain behavior basically amounts to nothing,” Ladner said. “That’s why they have this system for citizen complaints.”
The complaint focuses on Bowling’s private use of the Aquadome’s gym on April 28.
Faruqui said he became aware of the mayor’s use of the gym for a private pickleball match on a windy Sunday afternoon through his wife.
“My wife ran into two fellows and one of them made the comment, ‘It’s really good to have a friend with connections,’” Faruqui said.
Faruqui provided The Daily with a text message exchange that he said he had with the mayor on April 29 when he inquired about the pickleball match.
In his initial text, Faruqui asks Bowling if he attended the “exclusive session.” He also asks “if any city funds were used such as electricity, air conditioning … “
Bowling responds, “Yes sir I did. No city funds were used. The gym lights were on, didn’t touch the HVAC controls and no personnel was involved. I turned the lights (off) upon exiting.”
Faruqui replies with another text, “Who left the lights on and who gave you the key? How long have you had it?”
Bowling’s follow-up text says, “I’m not sure who left the lights on. I have had a key for years. I have had a key before. I have used the center before.”
Faruqui said he gave Bowling two months to give up the key and apologize publicly and, when that didn’t happen, he went to a City Council meeting in May to discuss the issue.
He said he wanted the City Council “at a minimum to put pressure on” the mayor to give up his key.
“I was trying to get them to do something,” Faruqui said. “I wanted him to apologize and give up his key.”
Faruqui said he notified the Ethic Commission with an email after he saw no movement from the mayor or City Council. The commission asked for more information in a follow-up email and an investigator also called him while he was on a trip to Washington, Faruqui said.
In the follow-up email to Faruqui, Brian Paterson Jr., assistant general counsel for the Ethics Commission, wrote that, “The Ethics Commission’s jurisdiction is invoked when a public official or public employee has used their official position or office to obtain personal gain for themselves….”
— bayne.hughes@decaturdaily.com or 256-340-2432
