The Alabama Ethics Commission has dismissed an ethics complaint filed against Franklin County Board of Education member Mike Shewbart last November.
The complaint, filed by Red Bay resident and Water and Gas Board member Judy Bullen, alleged that Shewbart violated city policy from July 19, 2016, through October 4, 2016, when he filed for sick leave from his position as City of Red Bay Operations Director in order to campaign for Red Bay mayor.
The text of the letter, dated April 6, 2017, and signed by Thomas B. Albritton, Executive Director, State of Alabama Ethics Commission, states:
“A Complaint was filed against you alleging that you violated the provisions of the Alabama Ethics Law. The complaint has been investigated by Commission investigator Dustin Lansford. The results of that investigation were presented to the member of the Alabama Ethics Commission at their meeting held April 5, 2017. The Commission concluded, upon review of the evidence from the investigation, that there was not probable cause to believe that you violated the Alabama Ethics Law. Accordingly, the complaint has been dismissed.”
Shewbart was on sick leave for a total of 88 calendar days. Shewbart acknowledged the use of sick leave but maintained he followed instructions provided to him by city officials. He said he was told when he qualified for the mayor's race he could use any accrued leave he had as a city employee.
David Tiffin, who was Red Bay Mayor at the time, said he was told by a staff attorney with the Alabama League of Municipalities sick leave could be used if that was permitted by the City of Red Bay. Tiffin said he and several council members received records for every pay period for the City of Red Bay prior to the council approving those expenses.
“We got a copy each week of what we were paying each employee. It was known internally Mr. Shewbart was being paid from day one,” Tiffin said in November.
Shewbart lost his bid for mayor to Charlene Fancher 498 to 484, a 14-vote margin. Bullen, who filed the complaint, is Fancher's aunt.
While Shewbart is relieved to have the matter behind him, he said there was some frustration in a process whereby he felt he had to prove his innocence rather than having his guilt proven against him.
“There are always questions in some folks' minds even though I was found innocent,” Shewbart said. “I knew I did nothing wrong. I received permission prior to running from the city council. Still, once there's an accusation filed and even though everything turned out okay, it's still in the back of some people's minds.”
Shewbart said he regrets that his mother, who died February 16, 2017, was not able to see the favorable outcome of the investigation.
“It was some of mother's kin folks who filed the complaint. My mother didn't see the resolution and all of this bothered her so I wish she was here to feel the relief of its conclusion,” Shewbart said.
Shewbart, whose school board seat comes up for election next year, said he wants to put the matter behind him and “go forward, making Red Bay a better place to live and work and continue to work for its citizens.”
While he did not confirm he would be seeking reelection on the school board, his comments seem to indicate he's strongly considering it.
“I'll examine the things we've done. I believe we've made a lot of improvements in our school system and we've got more to do,” Shewbart said. “I'll evaluate where we're at and hopefully we've accomplished a good bit.
“It's not all glory when you serve in politics. There's a target on you and many people are shooting at you. I'm blessed to have had a lot of support and prayers around me and I'll always appreciate that,” he added.
