Aug. 9 – The Alabama Ethics Commission ruled Wednesday that there were grounds to find 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 while it was closed to the public.
At its monthly meeting in Montgomery, the commission decided to handle the violation administratively, voting 3-0 to refer the case to a local prosecutor for review.
Under state law, the “commission can impose an administrative fine of up to $6,000 for a minor violation” if a unanimous vote is reached 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 am pleased with the Commission’s decision.”
Mike Faruqui, a Southwest Decatur resident who filed the complaint against Bowling, said he received an email Wednesday evening informing him of the commission’s findings.
Faruqui said Thursday he was not disappointed with the commission’s findings.
“I’ve had a lot of sleepless nights over this, but it was worth it,” Faruqui said. “In the end, it was a very small thing. It has a negative impact on his character.”
However, he said he is most disappointed with the city council’s lack of action.
“The council could have reprimanded the mayor and they chose to do nothing,” Faruqui said. “By doing nothing, the council said, ‘This is acceptable behavior.'”
Council President Jacob Ladner said he had “no comment on Mr. Faruqui’s views.”
Ladner added that the Ethics Commission and the complaints system are intended for citizens who have concerns.
“I think the council admonishing us or making some kind of resolution that we don’t agree with certain behavior is really meaningless,” Ladner said. “That’s why they have this system for citizen complaints.”
The complaint concerns the private use of the Aquadome sports hall by Bowling on April 28.
Faruqui said he learned from his wife that the mayor was using the gym for a private pickleball game on a windy Sunday afternoon.
“My wife met two guys and one of them said, ‘It’s really nice to have a friend with connections,’” Faruqui said.
Faruqui provided The Daily with a text message he said he had with the mayor on April 29, in which he asked about the pickleball game.
In his first text, Faruqui asks Bowling if he attended the “exclusive session.” He also asks “if any municipal funds were used, such as electricity, air conditioning…”
Bowling responds, “Yes sir, I did. No city money was used. The gym lights were on, I did not touch the HVAC controls, and there were no personnel involved. I turned the lights (off) when I left.”
Faruqui responds 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 reads: “I’m not sure who left the lights on. I’ve had a key for years. I’ve had a key before. I’ve used the center before.”
Faruqui said he gave Bowling two months to turn over the key and publicly apologize. 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 to “at least put pressure” on the mayor to hand over his key.
“I tried to get them to do something,” Faruqui said. “I wanted him to apologize and give up his key.”
Faruqui said he notified the Ethics Commission in an email after seeing no action 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 traveling to Washington, Faruqui said.
In the follow-up email to Faruqui, Brian Paterson Jr., assistant general counsel for the Ethics Committee, wrote: “The jurisdiction of the Ethics Committee is invoked when a government official or employee has abused his or her official position or office to gain personal gain…”
— bayne.hughes@decaturdaily.com or 256-340-2432
