Brian Lyman

Montgomery (Ala.) Advertiser

MONTGOMERY — An Alabama lawmaker Tuesday filed articles of impeachment against the state's governor over what he called "incompetency" and an inability to lead after questions about his relationship with a former staffer.

"We’ve never done this before," said Rep. Ed Henry, a Republican from Hartselle, Ala. "We’ve never tried to impeach a governor." But he added the "process begins today."

Gov. Robert Bentley, also a Republican, in a statement called the move "political grandstanding" meant to distract the state from pressing issues.

"There are no grounds for impeachment, and I will vigorously defend myself and my administration from this political attack," according to Bentley's statement.

Lawmaker plans impeachment articles against Ala. gov

On March 23, former Secretary Spencer Collier of the Alabama Law Enforcement Agency accused Bentley of having an affair with his senior political adviser, Rebekah Caldwell Mason. Collier said he discovered the affair in 2014 when Bentley was married to his wife, Dianne.

The Bentleys divorced in the fall, ending their 50-year marriage. Audio of Bentley making suggestive comments in a phone conversation since has surfaced.

Bentley has acknowledged making suggestive comments to Mason, but both he and Mason denied having an affair. The governor also has denied a Collier accusation that he used state resources to pursue the affair.

The Alabama Ethics Commission has indicated that it will investigate the allegations.

Mason resigned as the governor's political adviser last week. Questions have arisen about how Mason, who has not been on the state payroll since 2013, was paid.

Mason said the Alabama Council for Excellent Government, a group formed to promote Bentley's agenda, paid her $15,000 last year. The group has not filed an IRS Form 990 and says it is a 501(c)(4) organization; those groups do not have to disclose donors.

Bentley fired Collier on March 22, saying an audit of law enforcement agency raised concerns, "including possible misuse of state funds." Collier strongly denies any wrongdoing.

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Alabama's Constitution allows for impeachment of constitutional officers for a broad range of actions, not all of them illegal. The state's governing document allows for the removal of officers for "willful neglect of duty, corruption in office, incompetency, or intemperance in the use of intoxicating liquors or narcotics ... as unfits the officer for the discharge of such duties, or for any offense involving moral turpitude."

The state Constitution is less specific about the process of impeachment. Unlike the U.S. Constitution, the state constitution does not provide a margin for conviction of an impeached constitutional officer in the Senate. Rep. Mac McCutcheon, a Republican from Huntsville, Ala., said Tuesday the House would set up an investigatory committee to determine if any grounds for impeachment were apparent.

“Once the commission is in place and we have heard the report, we will address the other resolution (of impeachment),” McCutcheon said. He did not know if the commission would complete its work before the end of the legislative session next month.

If Bentley were impeached, Lt. Gov Kay Ivey, also a Republican, would serve as acting governor during his Senate trial. An acquittal would mean the governor could resume his duties.

Legislative leaders have remained silent on Bentley’s troubles. House Speaker Mike Hubbard, a Republican from Auburn, Ala., said in a brief statement that the Legislature would follow the impeachment process “with great care and deliberation."

Hubbard, indicted on ethics violations, faces a trial scheduled next month.

Ethics report filed against Ala. gov. accused of affair

Bentley's relationship with the Legislature has been at best uneasy and at worst confrontational. The governor's attempts in 2012 to force changes in the state's controversial immigration law during a special session fell flat after he was unable to find a sponsor for his proposal in his own party; Bentley later signed amendments made by the Legislature.

In 2014, he shocked legislators by demanding a pay raise for teachers after working out an agreement to finance the education insurance program. The governor's moves were defeated.

Alabama governor denies having affair with staffer

Last year the governor, citing the need to bring stability to the long-troubled General Fund budget, proposed a $728 million tax and revenue package to shore up the budget. The move triggered a six-month battle with legislators.

The House leadership proposed a smaller package while the Senate resisted most revenue measures. In the end, a General Fund with about $166 million in new revenues was approved.

Follow Brian Lyman on Twitter: @lyman_brian