Dean target of ethics complaint over public funds for private debt
By Chip Drago
Mobile Bay Times
A south Mobile County woman says she has filed a complaint with the Alabama Ethics Commission charging Mobile County Commissioner Mike Dean with corruption in the use of public funds to help retire a private debt on a field house at Alma Bryant High School.
Mary Fye's complaint centers on the commissioner's application of discretionary funds to help pay for a $585,000 loan that 10 south Mobile County men secured privately to build a facility that includes an in-door practice field and artificial turf at the public school in Irvington.
"I feel this is a blatant misuse of the taxpayers' money," Fye charged. "I, as a taxpaying citizen of Mobile County resent my hard-earned money being used to pay off a loan that a few wealthy people decided they wouldn't pay."
Fye, 65, is a retired homemaker. She lives on a dirt road in Grand Bay that has been the focus of much controversy throughout Dean's term in office. About 50 residents live on the road. Fye and others contend that the county should maintain the road, but Dean has countered that acceptance of the road for county maintenance would establish a precedent with the potential to bankrupt the county.
Dean did not return a telephone call seeking comment on the latest development in the south Mobile County squabbles. The incumbent Republican faces opposition for re-election in November from Democratic nominee Brad Warren, who is also chairman of the Mobile County Democratic Party. Dean won the GOP nomination by defeating John Graham in he party primary in June.
Jim Sumner, executive director of the Alabama Ethics Commission, would neither confirm nor deny an investigation into the allegations against Dean. The ethics commission operates similarly to a grand jury whose proeedings are secret unless and until they lead to a formal charge.
Fye's complaint references a March 28, 2008 Mobile Bay Times story -- "Dean, others deny impropriety between fundraising, debt relief" -- and an April 4, 2008 Press-Register editorial -- "Don't Cover Private Debt With Tax Dollars."
Dean promised $200,000 in public money toward paying off a debt incurred privately by 10 south Mobile County men "if we can get him re-elected," according to a fund-raising letter written by a Dean supporter to the guarantors of the loan.
"Mike has committed to allocate $50,000 for each of the four years he remains in office ... if we can get him re-elected!" states Allen Horn in the letter. "This (may) pay off the entire debt of the (Alma Bryant High School) Field House and put a major dent in the Kickin Cane Building debt. Guys, it's time for us to step up to the plate and support him financially. I am asking each of you to make a $1,000 donation to his campaign."
The men co-signed a loan from Bank Trust to build an athletics' field house at the high school in Irvington about six years ago.
Both Dean and Horn denied any impropriety, maintaining that Dean's help in paying off the field house loan was not conditioned on contributions to the commissioner's re-election campaign by the loan's co-signers.
"No (there was no understanding that campaign contributions would be given in exchange for county funds to help retire the debt)," said Dean. "He sent the letter (nine or 10 months ago). I knew Allen was going to write the letter last year. I try to help Coden and Bayou La Batre regardless of whether they vote for me. I try to help the school. I thought this would be a good gesture to do. I try to cooperate. I try to help everybody in the south part of the county as best I can."
Horn said Dean and the loan guarantors were simply supporters of the community and its youth with no intent to benefit themselves. If his letter implied any wrongdoing, the fault was with him, not Dean, Horn said.
The commissioner initially expressed pride in the field house project because "no tax dollars were used." He and Horn later cited the blows, financial and otherwise, to south Mobile County and its residents as a result of Hurricane Katrina for making it impossible to raise funds privately to retire the debt.
Fye said the merits of the ethics complaint are not related to her neighborhood's road woes.
Fye said her goal was to "get Mike Dean out of office." She said Dean was only concerned with and accessible to the "elite" of the community. Middle and low income residents were merely troublesome nuisances for Dean to avoid, according to Fye.
Fye said Dean's refusal to communicate was especially infuriating.
"You can't deal with Mike Dean directly," she said. "You'll get no answers from him. They'll put you through to his attorneys. I can't get any answers from the county."
"We want answers," Fye said. "That's the whole thing. We want answers."
Dean became miffed when one of the neighbors taped a telephone conversation with him without his knowledge.
If Dean wins re-election, said Fye, he is committed to a total of $300,000 in public monies toward the privately funded project. She called it a "blatant misuse" of public money and the entire episode merely a "ploy" to gain Dean re-election and significant retirement benefits.
Dean's campaign consultant, Jon Gray of Strategy, Inc., pointed out that Dean himself has done nothing in regard to the field house and the private debt; that, in fact, it was the entire county commission that unanimously approved the expenditure, meaning that even Dean's vote had no bearing on the outcome.
Gray claimed to be pleased with the complaint, contending that it was a patently transparent political tactic that would backfire on Dean's opponents.
"As political strategy, it's shocking to me," said Gray. "I think it will blow up on them. I'd donate money for them to run tv ads about it."
The issue has been in the public eye for many months now, including the GOP primary, without gaining any traction, said Gray.
"There has been a litmus test on this -- the last campaign was 50 percent about the road (in Grand Bay) and 50 percent about the money for the school's field house," said Gray. "The voters didn't care and it will be no different this time. That dog won't hunt."
The political amateurism was laughable, said Gray, in that the issue was raised two months before the GOP primary election and again now two months before the general election.
"You don't have to be a high paid political consultant to say this looks like politics," said Gray.
In itself, filing an ethics complaint means nothing, said Gray.
"I could file an ethics complaint about anyone and it doesn't mean there is a shred of truth to it," he continued. "I don't think they are interested in anything (beyond their vendetta). They're not interested in what's right, just in smearing Mike Dean."
If the ethics commission hews to past practice, investigators will not even attempt to resolve it in the middle of an election, said Gray.
"They won't respond in an election climate," he said.
