Birmingham council clashes over law department's travel guidance, members press for attorney general clarity

Council members engaged in a heated exchange Sept. 13 over whether city funds may be used to pay travel for elected officials who attend major political gatherings.

The dispute centered on apparent differences in the law department's advice about funding travel to the Democratic National Convention versus the Congressional Black Caucus. At issue was whether attending a convention as a delegate — an activity tied to selecting a party nominee — is distinct from city staff or representatives traveling to promote Birmingham or to exhibit the city's work.

"Lady Justice plays pickaboo with who it wants," said President Austin, characterizing the council's frustration with inconsistent legal guidance. Attorney Thomas (identified in the discussion) told councilors the law distinguishes between activities to "elect someone to political office" and activities to promote the city at an exhibition or trade show.

Several councilors, including Councilor Scales and Councilor Rafferty, said the apparent inconsistency has real budgetary and legal consequences and asked the law department to obtain an attorney general's opinion clarifying whether particular travel qualifies as prohibited political activity under state law. One councilor noted that sending a request to the attorney general's office would require a formal council vote before it could be delivered.

Councilors also raised the council's past practice: members recalled previous occasions when city employees attended national conventions or when the city paid staff to promote Birmingham at national events. "If it doesn't work for one, don't do it for nobody," Councilor Scales said, urging consistent application of rules.

What happens next: Councilors asked the law department to prepare the necessary documentation and reported they would consider a formal vote to request an attorney general's opinion. No final legal opinion was recorded in the meeting minutes; members agreed to pursue clarification before approving similar travel requests in the future.