Robert Bentley ethics investigation, 2016-2017

Gov. Robert Bentley Investigation
Term in office: January 17, 2011 - April 10, 2017
Next in succession: Lieutenant Governor Kay Ivey (R)

Key Figures

• Governor Robert Bentley • Former aide Rebekah Mason • Fmr. ALEA Sec. Spencer Collier • State Rep. Ed Henry

Key Groups

• ACEGOV

Key Laws

• 2016 amendment measure • Article VII

The Alabama State Ethics Commission, the state House Judiciary Committee, and the Alabama attorney general's office investigated allegations that former Governor Robert Bentley (R) misused state funds in order to conduct an affair with one of his top advisors, Rebekah Mason. Bentley resigned from his position on April 10, 2017. Lt. Gov. Kay Ivey (R) was sworn in as his replacement.

HIGHLIGHTS

Recordings of Gov. Bentley making sexual comments to Mason during two separate phone conversations emerged on March 23, 2016. Bentley maintained that nothing illegal took place and stated that he would not step down as governor.

From March 2016 to July 2016, three state entities opened investigations into allegations that Bentley had misused state funds in order to cover up an affair with Mason: the Alabama State Ethics Commission, the House Judiciary Committee, and the Alabama Attorney General's Office. Bentley resigned from office as part of a plea deal on April 10, 2017.

Background

Governor Robert Bentley was first elected in 2010, defeating Democrat Ron Sparks, and again won re-election against challenger Parker Griffith in 2014 by 23 points. Bentley, a retired dermatologist, was previously a Republican member of the Alabama House of Representatives, representing the 63rd District, Tuscaloosa County. He was first elected in 2002 and served until 2010 when he chose not to seek re-election but the governorship instead.

As a result of the 2016 election cycle, Alabama remained one of 25 Republican state government trifectas: Republicans gained a legislative majority in both the Alabama State Senate and Alabama House of Representatives in 2011.

Timeline

See also: Robert Bentley investigation timeline, 2015-2017

The following timeline displays the most recent events in the Robert Bentley ethics investigation. For a complete timeline, click here.

2017

April

• April 10: Impeachment proceedings against Bentley began. That afternoon, Bentley was booked in the Montgomery County Jail on two misdemeanor charges of campaign finance violations. He later resigned as part of a plea deal.
• April 8: The Alabama Supreme Court unanimously ruled to stay the lower court's temporary restraining order, allowing impeachment hearings to proceed on April 10, 2017.
• April 7: Sharman released his written report of the investigation, despite a lawsuit filed by Bentley to prevent the document's release. A Montgomery County judge issued a temporary restraining order to halt Bentley's impeachment hearings, which had been scheduled to begin on April 10, 2017.
• April 6: The Ethics Commission released a finding of probable cause that Bentley had violated the state's ethics and campaign finance laws. The commission forwarded the finding to the Montgomery County district attorney, who will determine the course of any future investigation or prosecution.

March

• March 28: Sharman announced that he would release a written report of his investigation on April 7, 2017. He also provided a tentative timeline for the impeachment process, which would have brought the matter before the full state House by May 9, 2017.
• March 8: Members of the House Judiciary Committee met on March 8, 2017, and voted to resume the committee's impeachment investigation under the direction of special counsel Jack Sharman.

February

• February 15: Attorney General Steve Marshall, who succeeded Strange on February 13, 2017, announced his recusal from the investigation. He appointed Ellen Brooks, a former deputy attorney general and Montgomery County district attorney, as the supernumerary district attorney to lead the investigation. Marshall's announcement confirmed the existence of an investigation by the attorney general's office, contrary to Strange's denial earlier in the month.

• February 14: State Representatives Randall Shedd (R) and Corey Harbison began collecting signatures from House members for a new impeachment resolution against Bentley. If the House Judiciary Committee did not resume its impeachment investigation, the members aimed to suspend the necessary House rules in order to bring the resolution directly to the House floor for a vote.

• February 9: Bentley appointed Attorney General Strange to the U.S. Senate following former Senator Jeff Sessions' confirmation as U.S. attorney general. Following his appointment, Strange denied that the attorney general's office had an ongoing investigation into Bentley. "I want to make this clear because I think there have been some misconceptions," Strange told the media. "We have never said in our office that we are investigating the governor. I think it’s actually somewhat unfair to him and unfair to the process."

January

• January 23: The Alabama Political Reporter published leaked information from sources close to the State Ethics Commission claiming that the commission's investigation was nearing a close. The sources claimed that the investigation's anticipated closing date would occur in February.

Allegations

Divorce and initial allegations of an affair

Alabama First Lady Dianne Bentley filed for divorce from her husband of 50 years on August 28, 2015.

On September 2, 2015, Rep. Allen Farley (R-McCalla) called on Attorney General Luther Strange's (R) office to look into allegations that Bentley used state funds to cover up activities related to his divorce and an alleged affair. The alleged improper spending included overtime paid to state troopers on the governor's security detail and use of state aircraft for unofficial purposes. Bentley denied misusing state property and called the divorce a private matter.

The attorney general's office acknowledged receipt of the letter but declined to comment on the allegations.

Allegations resurface

On March 22, 2016, another allegation of the affair was made by former head of the Alabama Law Enforcement Agency Spencer Collier. Collier claimed that Bentley had been involved with a senior political adviser named Rebekah Mason and that he may have misused state funds in order to cover up the affair. Bentley fired Collier from his post that same day for allegedly misusing ALEA funds; Collier claimed that his dismissal was retaliation for refusing to cover up the affair. It is not known whether Collier was fired before or after he spoke to the media.

During Collier's tenure at the ALEA, he discovered and initiated an investigation into Bentley's affair with Mason and reportedly found evidence of misuse of state funds. The ALEA report has since been turned over to the attorney general's office.

Recordings of the governor emerged on March 23 that included comments of a sexual nature made to Mason in two separate telephone conversations in 2014. In a press conference on March 23, Bentley did not disavow the recordings but denied ever having a physical relationship with Mason. He apologized to the people of Alabama for the comments on the recording, but stated: "I have never done anything illegal [as governor]. I have never asked any member of my staff or any cabinet member to lie." He further added: "[a]t no time have I ever used the resources of my office to facilitate a relationship of any type."

In the same press conference, Mason did not deny the allegations of an affair. Instead, she accused Collier of gender bias:

“

There is no way that man [Collier] would have said what he did… about another man. He only said what he said about my professional abilities because I am a woman. His comments were clear, demonstrated gender bias... As a wife and working mother, I commute four hours a day to serve on a team alongside some of the most dedicated and talented people in the state, who are committed to helping our people. Unfortunately, there are still some people who are set on hindering the ability of women to work in the political arena.

”

Mason resigned from her post on March 30, 2016.

Collier sues for wrongful termination

Collier filed a civil suit against Bentley on April 19 alleging wrongful termination. According to Bentley, Collier was fired after giving a statement to Attorney General Luther Strange (R) regarding the corruption charges pending against House Speaker Mike Hubbard (R) after Bentley had ordered him not to. In the lawsuit, Collier claims that as head of the ALEA, he was legally obligated to cooperate with any ongoing criminal investigations and further claims his termination was an attempt to undermine Collier's credibility because Bentley and Mason "feared he would reveal information showing [they] had committed crimes."

"Mr. Collier was terminated of his duties at ALEA for cause," Bentley responded.

A hearing for the lawsuit was initially set for July 26, 2016, but was rescheduled for August 18, 2016. Prior to the hearing, Mason's attorney filed a motion to stay in order for Mason to avoid incriminating herself in light of potential criminal investigations. Similarly, Bentley's attorney filed a motion to stay citing the sovereign immunity clause in the Alabama Constitution, which protects state officials against lawsuits for official acts. Montgomery Circuit Judge Eugene Reese issued a stay at the hearing, which halted the discovery process against Mason and Bentley.

As of May 3, 2017, the lawsuit remained pending.

Responses from state officials

Amid an ethics investigation, some state officials call for resignation or impeachment.

"We're all very disappointed in the governor's activities and actions," said Lt. Gov. Kay Ivey (R) in April 2016. Ivey would succeed Bentley in the event he resigns or is removed from office. Though Ivey replied "that's his call" to the question of whether Bentley should resign, she had previously told AL.com that her staff was prepared in the event that she assumes the governorship.

Calls for Bentley's resignation came from a number of state officials and agencies, including State Sen. Bill Holtzclaw (R), State Sen. Shay Shelnutt (R), and House Minority Leader Craig Ford (D).

Investigations

The allegations against former Governor Bentley were the subject of three investigations by the following entities:

State Ethics Commission

On March 25, 2016, Alabama State Auditor Jim Zeigler (R) filed a report asking the Alabama State Ethics Commission to investigate the circumstances of the alleged affair. In his report, Zeigler expressed concern that Mason had been paid from a private organization that had been set up by Bentley's aides called the Alabama Council for Excellent Government (ACEGOV) rather than through public funds. Because Mason was a public employee, such an arrangement, Zeigler argued, was a violation of the Ethics Act in Alabama. Zeigler called for ACEGOV to disclose its financial information and for Mason to formally register as a lobbyist. Mason resigned her post the following week.

On March 30, 2016, the Ethics Commission replied to Ziegler with a letter stating that they would begin an investigation into the allegations "in the near future." The commission advised Zeigler to remain silent on the matter going forward, given that their investigations are covered by grand jury secrecy laws.

The Alabama Political Reporter released a report on January 23, 2017, claiming that the commission's investigation was nearing completion, according to sources close to the investigation. The report prompted Governor Bentley to call for an investigation into the source of the leaked information, since the information should have remained private under grand jury secrecy laws.

Findings

On April 6, 2017, the Ethics Commission released a finding of probable cause that Bentley had violated the state's ethics and campaign finance laws. The commission determined that Bentley had used public resources, including staff, time, and equipment, for personal activities. He also illegally received a campaign contribution and made a loan to his campaign account outside of the mandated 120-day window in addition to using campaign funds to pay for Rebekah Mason's legal fees.

The commission's findings were forwarded to the Montgomery County district attorney, who was charged with determining the future course of the investigation. The Montgomery County district attorney later forwarded the investigation to the Alabama attorney general. Bentley could have faced prosecution for Class B felonies, each of which carried a sentence of between two to 20 years in prison and a fine of up to $20,000.

House Judiciary Committee

On March 30, 2016, State Rep. Ed Henry (R) announced that he would bring articles of impeachment against Bentley the following week. House Speaker Mike Hubbard (R) declined to comment on the matter. At the time, Hubbard was also facing felony charges related to potential ethics violations. Henry introduced the articles into committee when the legislature reconvened from spring break on April 5, 2016. The articles charged Bentley with corruption in office, offenses of moral turpitude, incompetency, and willful neglect of duty as provided for in Article VII of the Alabama Constitution. The articles were signed by the following 23 legislators:

• Ed Henry (R)
• Isaac Whorton (R)
• David Sessions (R)
• Mike Ball (R)
• Jim Patterson (R)
• James Hanes Jr. (R)
• Ritchie Whorton (R)
• Mike Holmes (R)
• David Standridge (R)
• Barry Moore (R)
• Danny Crawford (R)
• Allen Farley (R)
• Jack W. Williams (R)
• Will Ainsworth (R)
• Craig Ford (D)
• Patricia Todd (D)
• Margie Wilcox (R)
• Mack Butler (R)
• Becky Nordgren (R)
• Phil Williams (R)
• Johnny Mack Morrow (D)
• Reed Ingram (R)
• Arnold Mooney (R)

The impeachment investigation officially began on June 15, 2016, under the purview of the House Judiciary Committee, chaired by Mike Jones.

Bentley stated that he did not intend to resign, maintaining that "nothing illegal [happened] that would affect my job."

On November 3, 2016, then-Alabama Attorney General Luther Strange (R) sent a letter to members of the House Judiciary Committee to request that the committee temporarily suspend its impeachment investigation. The letter stated, "I respectfully request that the committee cease active interviews and investigation until I am able to report to you that the necessary related work of my office has been completed."

House Judiciary Committee Chairman Mike Jones updated House members on the status of the impeachment investigation at the committee meeting on February 22, 2017. Jones announced that the committee would reach an impeachment decision by the end of the state legislative session in May 2017.

Members of the House Judiciary Committee met on March 8, 2017, and voted to resume the committee's impeachment investigation under the direction of special counsel Jack Sharman. On March 28, 2017, Sharman announced that he would release a written report of his investigation on April 7, 2017. He also provided a tentative timeline for the impeachment process, which would bring the matter before the full state House by May 9, 2017.

Bentley's attorney, Ross Garber, responded to Sharman's announcement on March 30, 2017, claiming that the investigation did not afford Bentley due process. Garber went on to file an emergency motion with the House Judiciary Committee requesting that the members "take control of an investigation that has gone off the rails, that they rein in their out of control special counsel, that they provide the due process required by the House rules and the Constitution to prevent potentially irreparable damage to the government of Alabama."

Chairman Jones dismissed Garber's due process concerns in a statement released on April 4, 2017. "This is a legislative committee, not a courtroom, and that's been my position since the beginning of this process," Jones stated.

Sharman released his written report of the investigation on April 7, 2017, despite a lawsuit filed by Bentley in an attempt to prevent the document's release. According to the report, Bentley "encouraged an atmosphere of intimidation" in order to prevent his relationship with Mason from going public.

Following the release of Sharman's report, Bentley's attorneys argued before a judge to stop the upcoming impeachment proceedings. The Montgomery County judge issued a temporary restraining order to halt Bentley's impeachment hearings, which had been scheduled to begin on April 10, 2017. However, the Alabama Supreme Court unanimously ruled the following day to stay the lower court's temporary restraining order, allowing impeachment hearings to proceed as scheduled.

Impeachment proceedings against Bentley began on April 10, 2017. That afternoon, Bentley was booked in the Montgomery County Jail on two misdemeanor charges of campaign finance violations. He later resigned as part of a plea deal.

The House Judiciary Committee released its final impeachment report on April 25, 2017. The report included recommendations that public officials not be entitled to due process during the investigation stage of impeachment proceedings and that the state legislature authorize subpoena power for the House and Senate during the impeachment process. The report also cited an opinion by acting Alabama Supreme Court Chief Justice Lyn Stuart to clarify that the courts do not have the authority to intervene in impeachment proceedings, which are under the purview of the state legislature.

Proposed alternate House impeachment resolution, February 2016

Following Strange's appointment to the U.S. Senate on February 9, 2017, a group of House members led by Randall Shedd (R) and Corey Harbison (R) initiated discussions in the hopes of working around the stalled House Judiciary Committee proceedings and bringing an impeachment resolution directly before the Alabama House of Representatives.

"The problem is that we have a Judiciary Committee that is on hold due to a request from an attorney general that is no longer in office that was appointed to the United State Senate by the Governor. It just sounds terrible." Harbison told the Alabama Political Reporter.

The representatives began collecting signatures from House members for a new impeachment resolution on February 14, 2017. The new resolution included additional charges against Bentley, including the illegal use of campaign funds to pay Rebekah Mason's legal fees as well as the receipt of an alleged improper reimbursement from the Republican Governors Association. By voting to suspend the necessary House rules, Shedd and Harbison aim to bring the resolution before the House for a vote and send the matter to the state Senate for a trial, eliminating the need for a review by the House Judiciary Committee.

Shedd and Harbison stated that they would suspend the resolution effort if the House Judiciary Committee resumed its investigation. The committee voted to resume its investigation on March 8, 2017.

Alabama attorney general

Reports surfaced on July 14, 2016, that the special prosecution division of the Alabama attorney general's office under then-Alabama Attorney General Luther Strange (R) was conducting a grand jury investigation into Bentley. The Alabama Political Reporter announced that Bentley's former head of security had testified before the grand jury on July 11 and 12, and that Bentley and Hal Taylor, Spencer Collier's former chief of staff, testified on July 13. According to court records, the grand jury had been requested by Montgomery County prosecutors in May 2016, and was ordered to convene beginning July 11.

Bentley's attorney affirmed that the governor had testified before a grand jury, but denied that Bentley was the subject of the investigation.

Bentley appointed Strange to the U.S. Senate following former Senator Jeff Sessions' confirmation as U.S. attorney general on February 9, 2017. Following his appointment, Strange denied that the attorney general's office had an ongoing investigation into Bentley.

"I want to make this clear because I think there have been some misconceptions," Strange told the media. "We have never said in our office that we are investigating the governor. I think it’s actually somewhat unfair to him and unfair to the process."

Bentley appointed Steve Marshall (R) to succeed Strange as Alabama attorney general on February 10, 2017. He assumed office on February 13, 2017. After meeting with the staff of the special prosecutions office and Chairman Mike Jones of the House Judiciary Committee, Marshall announced his recusal from the investigation on February 15, 2017. He appointed Ellen Brooks, a former deputy attorney general and Montgomery County district attorney, as the supernumerary district attorney to lead the investigation.

Resignation

Impeachment proceedings against Bentley began in the House Judiciary Committee on April 10, 2017. That afternoon, Bentley was booked in the Montgomery County Jail on two misdemeanor charges of campaign finance violations. He resigned as part of a plea deal later that afternoon.

Following his resignation, Bentley stated his intention to resume practicing dermatology in rural Alabama and to teach in a medical residency program.

Laws governing impeachment and resignation

If impeached by the House and found guilty by the Senate, Bentley would have been Alabama's first governor removed from office.

Gubernatorial impeachments

Alabama has never impeached a governor. In fact, no state official has been impeached in Alabama since 1915, when the legislature attempted and ultimately failed to impeach Secretary of State John Purifoy, who was accused of bribery during his campaign for office.

Fifteen governors have been impeached in the history of the United States; eight were subsequently convicted and removed from office. At the time of the Bentley investigation, Illinois Governor Rod Blagojevich (D) was the most recent governor to be impeached. He was removed from office in 2009. Blagojevich had been indicted on federal charges of corruption and was convicted and removed from office by a unanimous vote from the Illinois State Senate. He was succeeded by Lieutenant Governor Pat Quinn (D).

Impeachment process

See also: Article VII, Alabama Constitution

Impeachment is a process whereby a public official is charged and tried before the state senate. When the trial concludes, senators vote to acquit or convict the official. If convicted, the official is removed from office. Impeachment mirrors criminal proceedings, but with the senate as jury, the chief justice or lieutenant governor usually presiding, and its own special set of laws.

Article VII of the Alabama constitution provides for the impeachment or removal of a governor under any of the following circumstances:

“

(1) Willful neglect of duty; (2) Corruption in office; (3) Incompetency; (4) Intemperance in the use of intoxicating liquors or narcotics to such an extent in view of the dignity of the office and importance of its duties as unfits the officer for the discharge of such duties; or (5) Any offense involving moral turpitude while in office or committed under color thereof or connected therewith.

”

In order for articles of impeachment to be brought, the articles must first move through committee and win a simple majority vote on the House floor as in all other legislation. Once the articles are passed in the House, the matter moves on to the upper chamber where the official then stands trial before the State Senate. If the official is found guilty, he or she is removed from office and the line of succession is activated.

A ballot measure was approved by Alabama voters on November 8, 2016, to repeal and replace Article VII of the Alabama Constitution. The updated language requires a two-thirds supermajority in order to convict an elected official and pass articles of impeachment.

Click here to read Ballotpedia's coverage of the Alabama Amendment 6

2016 resolution to clarify House impeachment process

Representative Matt Fridy (R) introduced a resolution on April 20, 2016 to clarify the impeachment procedures in the Alabama House of Representatives. Under his original resolution, 10 representatives would need to sign articles of impeachment against a sitting governor (at the time, 11 had signed such articles against Bentley). At that point, the majority and minority leaders in the Alabama House of Representatives would set up a 15-member committee proportioned according to the race, gender, and party make-up of the legislature. The committee would then decide whether to impeach the governor and send the matter to the Alabama Senate for consideration.

An amended version of Fridy's rule change was approved by members of the Alabama House of Representatives on April 26, 2016, by a vote of 79-14. According to the amended rules, the number of lawmakers who must sign articles of impeachment required to trigger the impeachment process was raised from 10 to 21.

Line of succession

See also: How gubernatorial vacancies are filled

Details of vacancy appointments are addressed under Article V, Sections 127 and 128 of the state constitution.

In the event that the elected governor is unable to complete his term, the Lieutenant Governor of Alabama succeeds him. The current Lieutenant Governor of Alabama is Republican Kay Ivey, who would assume the governorship if Bentley resigns or is removed from office.

The line of succession does not endanger Republican trifecta control of the government.

State profile

Demographic data for Alabama
	Alabama	U.S.
Total population:	4,853,875	316,515,021
Land area (sq mi):	50,645	3,531,905
Race and ethnicity**
White:	68.8%	73.6%
Black/African American:	26.4%	12.6%
Asian:	1.2%	5.1%
Native American:	0.5%	0.8%
Pacific Islander:	0.1%	0.2%
Two or more:	1.7%	3%
Hispanic/Latino:	4%	17.1%
Education
High school graduation rate:	84.3%	86.7%
College graduation rate:	23.5%	29.8%
Income
Median household income:	$43,623	$53,889
Persons below poverty level:	23.3%	11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Alabama. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in Alabama

Alabama voted Republican in all seven presidential elections between 2000 and 2024.

More Alabama coverage on Ballotpedia

• Elections in Alabama
• United States congressional delegations from Alabama
• Public policy in Alabama
• Endorsers in Alabama
• Alabama fact checks
• More...

The link below is to the most recent stories in a Google news search for the terms Robert Bentley Alabama impeach OR resign OR affair. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

Robert Bentley ethics investigation, 2016-2017 - Google News

External links

• Office of the Governor of Alabama
• House Bill 336

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