State Auditor sends report on Bentley to Ethics Commission
State Auditor Jim Zeigler on Friday filed a report with the Alabama Ethics Commission on allegations that Gov. Robert Bentley conducted an affair with a staff member.
Zeigler said in an interview Friday that he believed the report would force the commission to begin an investigation into Bentley and his relationship with staffer Rebekah Caldwell Mason.
“I have initiated a legal proceeding, an investigation by the Ethics Commission,” Zeigler said.
Tom Albritton, executive director of the Alabama Ethics Commission, said in an email Friday he could not comment on matters before the commission. In a follow-up email, Albritton said the office gives “every complaint filed with our office a thorough review.”
Bentley denies sexual relationship with staffer
Bentley said in a statement Friday afternoon that he has "always complied with the ethics laws of the State."
"In fact, I voluntarily release my tax returns to the public every year in a spirit of openness and transparency," the statement said. "I have always and will continue to cooperate with the Alabama Ethics Commission.”
Zeigler’s report summarizes reporting on the allegations against the governor.
On Wednesday, former Alabama Law Enforcement Agency Director Spencer Collier accused Bentley and Mason of having an affair and said he had come to believe that the governor used state resources to carry it out, while acknowledging he said he had no proof. Collier also accused Bentley and Mason of firing him for cooperating with an investigation related to House Speaker Mike Hubbard, R-Auburn.
Later that day, Bentley acknowledged making suggestive comments to Mason but denied that there was a “physical, sexual relationship” between the two. Mason, a longtime aide to Bentley, has also denied the allegations and accused Collier of sexism.
Bentley removed Collier on Tuesday evening, saying an internal review of ALEA had found several concerns, including “possible misuse of state funds.” Collier denies the allegations and said Wednesday he would take part in any investigation of them.
Zeigler’s report to the Ethics Commission invokes Collier's accusations. It also includes allegations that Mason, who is not paid with state money, receives funding from a group called the Alabama Council for Excellent Government (ACEGOV), set up last year by former aides to Bentley to advance his agenda. Zeigler cites a recent ruling by the Ethics Commission that said a person paid from private sources who works as a public employee “cannot serve under that arrangement without violating the fundamental principles underlying the Ethics Act.”
ACEGOV has not made any filings reflecting its income or expenditures. Mason through email Friday evening said ACEGOV paid her consulting firm, RCM Communications, $15,000 in 2015. The news was first reported by The Anniston Star.
Zeigler in a statement Friday afternoon called on the governor to direct ACEGOV to "disclose both their donors and their disbursements." ACEGOV's certificate of formation in February of last year said its purpose was to "advance the beliefs and policies espoused by Governor Robert Bentley." ACEGOV's certificate of formation in February of last year said its purpose was to "advance the beliefs and policies espoused by Governor Robert Bentley."
According to campaign finance records, RCM Communications received $503,809.13 from Bentley's campaign between 2013 and 2015, with more than half -- $273,277.68 -- spent between January and November of 2014. Mason's email said $93,958 went to media placement and $179,320 as gross to the firm.
Mason's email said Bentley's campaign gave RCM Communications $153,701 between June and December of 2013, which campaign finance records also reflect. Mason said $95,974 went to media placement, with $57,727 as gross to the firm. According to campaign finance records, Bentley's campaign paid RCM Communications $76,830.70 in 2015 for what Mason said were consulting and communications services. The Bentley campaign is the firm's only client listed in state records.
Zeigler’s filing also states that Mason should register as a lobbyist and file reports “as an agent of a private entity engaged in the business of influencing government.”
The state auditor cites Section 36-25-17 of the Code of Alabama, which requires government agency heads to file reports "on any matters coming to his or her attention" to the Ethics Commission within 10 days. The code section requires agency heads to take part in any investigations that may develop. Other sections of the code require the commission to “make investigations with respect to statements filed” under the law.
Zeigler and Bentley have clashed recently over the use of BP settlement money to renovate a governor’s mansion on the Gulf Coast, exchanging barbed critiques through social media. In February, Zeigler accused Bentley of forcing him to sit in the balcony of the Old House Chamber during the governor’s State of the State address. In response, the governor’s office shared photos showing Zeigler on the floor with other constitutional officers during the speech.
Zeigler said he filed a report about an ethics violation under the code section in January. He said the commission told him they reported that they had opened an investigation pursuant to it. Zeigler promised to cooperate with any other investigations.
“We fully expect honest state employees will start contacting my office next week with additional information,” he said. “I will file supplements to this report.”
Updated at 8:18 p.m. Mason earlier said RCM received $237,000 from Bentley's campaign in 2014, but later released a correction bringing the total to about $273,278, in line with reported totals. Mason said she initially misplaced her numbers.