Ex-two-year college chief Johnson to get pension in prison

Published: Sunday, November 28, 2010, 6:00 AM

Former two-year college Chancellor Roy Johnson begins serving a 6????-year prison sentence for bribery, conspiracy and other federal corruption charges next month, but he'll still be getting paid by the state.

Johnson and the state of Alabama contributed to his pension as he worked about 20 years in state education. He's now drawing $132,000 a year from the Alabama teacher retirement system, a state retirement official said.

Johnson isn't the only former public official or employee in Alabama in line to collect a government pension after being charged, convicted, or having pleaded guilty to public corruption charges.

Twenty former public employees who either committed crimes or are charged with crimes while on the job are due to receive more than $1 million a year in pension payments before taxes or other deductions, according to records provided by the Retirement Systems of Alabama, the General Retirement System of Jefferson County and federal court.

In at least two cases, the federal government has garnished up to a quarter of the pension amounts following sentences resulting from probes into the state's two-year college system and Jefferson County's sewer system. The federal government also is asking for garnishment of one other pension.

Birmingham lawyer Bart Slawson said the state Legislature or County Commission should attempt to get the pension obligations canceled for people who committed crimes for personal gain working for two-year colleges or Jefferson County.

Slawson represents a group that won an environmental lawsuit to force Jefferson County to fix its leaky sewer system. The work resulting from lawsuit settlement became the central focus of the county sewer corruption scandal.

"They don't deserve them (the pensions) and they should be disgorged as unjust enrichment," he said.

Among the long-standing ideals for pensions is that you provide your employer with loyal and valuable service, "not committing illegal acts to damage your employer, and that's exactly what these guys did," Slawson said.

Don Yancey RSA's director of benefits, said if an employee works at an institution and makes contributions, they can get their pension once they meet eligibility requirements. "A criminal conviction does not do anything to eliminate a person's eligibility for a pension if they've earned a pension," Yancey said. "It doesn't matter whether that offense was related to your job."

Under the RSA's teacher retirement plan, employees like those convicted in the two-year college scandal contribute 5 percent of their pay to their pensions. The amount that the state contributes each year varies but is currently equivalent to currently 12.5 percent of the person's salary, he said.

Under the Jefferson County system, each member contributes 6 percent of his or her compensation, according to the system's attorney, Beth Beaube. The county matches that contribution.

Eight former two-year college employees who were either convicted or pleaded guilty in the federal investigation get pensions ranging from $11,005 to $1,032, or about $440,000 a year combined, from the state retirement system.

Johnson gets the most, $11,005 a month, and will continue getting it while in prison. Former state Rep. Sue Schmitz draws the smallest pension, $1,032 a month.

Five people who committed crimes in the Jefferson County sewer scandal collect pensions ranging from $3,805 to $2,174, for a total of about $240,000 a year, from the county's retirement system. Two other former county employees who pleaded guilty in the sewer scandal -- Harry T. Chandler and Donald R. Ellis -- will be eligible for pensions when they turn 60, according to county pension system records.

Chandler, Jefferson County's former assistant director of environmental services, will get $5,140 a month. Ellis, the environmental department's former senior civil engineer, will get $2,526 a month.

Two officials covered by the Jefferson County retirement system and convicted in the sewer scandal elected to get a refund of their own retirement contributions when they left the county's employment, the records show. They will not be get a county pension.

Former Jefferson County Commissioner Larry Langford got a refund of $21,076 and former employee Ronald K. Wilson collected a refund of $29,322, according to the retirement system. Langford is now serving a 15-year prison term on public corruption charges. Wilson was sentenced to 13 months in prison.

Courts and prosecutors do have a way to take part of the pensions of people convicted of crimes.

A court order is required to allow the government to take part of a person's pension to pay toward court-ordered fines and restitution. The Consumer Credit Protection Act limits the garnishment of wages to 25 percent of a pension, except in certain circumstances including child support

In one case in the two-year college probe, former state Rep. Sue Schmitz had her retirement credit taken away for her work with a state program for troubled youths after her conviction, Yancey said. She had been convicted of charges relating to a no-show job with that program.

Schmitz kept her retirement credit for her career as a public school teacher, Yancey said.

Federal prosecutors have garnished up to 25 percent of the monthly pensions of a few of the convicted officials pension to repay court ordered fines, or restitution.

Those who have had wages garnished in the two-year college or sewer scandals include:

Jack Swann, former head of the Jefferson County sewer department, who had his $6,928 gross monthly pension garnished at a rate of 25 percent by federal prosecutors.

Robert Nix, former deputy director of the Alabama Fire College, has a garnishment of $928 a month off his $4,394 a month pension, also about 25 percent.

The U.S. Attorney's Office also has asked to garnish the $2,198 a month pension of former Jefferson County Commissioner Chris McNair. The garnishment has not been finalized, said McNair's attorney Doug Jones.

Federal prosecutors have not sought to garnish the pension of Johnson, who has been ordered to pay $18.2 million in forfeiture and give up his house in Opelika.

Peggy Sanford, spokeswoman for the U.S. Attorneys Office, said it's premature to comment on what steps may be necessary to collect forfeiture in the Johnson case.

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Birmingham police make arrest in Wednesday night shooting death of college student

Published: Saturday, November 20, 2010, 12:00 AM ??? Updated: Saturday, November 20, 2010, 12:27 AM

Family members of a Pleasant Grove man slain this week in a Birmingham park said they are in shock, and have more questions than answers surrounding the ordeal.

Clifford Whitely, 21, was found face down Wednesday night at East Brownsville Park at Felix Avenue S.W. and Spaulding Street.

Late Friday night, Birmingham police announced the arrest of Tommy Williams of Birmingham, 21, for capital murder in Whitely's death.

Five others were arrested with Williams on other charges, including Shaunasty Lowe, 21, who was acquitted Sept. 20 of a quadruple murder. Lowe was charged with unlawful possession of marijuana and was also in possession of a stolen handgun, police said. The six were arrested in the 700 block of New Hill Circle in Birmingham on Friday night. Only Williams was charged in the murder.

Police did not release any information on a motive.

A 2007 graduate of Pleasant Grove High School, Whitely was shot multiple times Wednesday night.

"The family has a lot of unanswered questions, like why he was there," said Bessemer Mayor Kenneth Gulley, the victim's uncle. "The details are sketchy and we're trying to figure it out and wait on those answers."

The car Whitely had been driving was taken after he was shot, family members said. It was found a short time later on Carol Street and Wenonah Road.

"It's just a very, very trying time," Gulley said Friday.

"We look at all of our kids and lump them together, but he was a very good kid," Gulley said. "He had lived a very privileged life."

Whitely was a defensive back at Pleasant Grove High School and then went to Jacksonville State University, where he was a biology major and also played football.

He left JSU and transferred to Lawson State Community College.

"He was a standout player, and he made good grades," Gulley said.

Though Whitely was Gulley's nephew by marriage, he had known him all of his life.

"I've known him since he was born, and I gave him his first job when I worked at Lawson State," the mayor said. "He was a very quiet, mild-mannered person. Very kind-hearted."

"There were moments he could be a typical 21-year-old, but he was genuinely a good kid."

In addition to school, Whitely worked part-time and had an eight-month-old son. He lived at home with his parents, and had attended classes on the evening he was killed.

"We've never lost a family member to violence," Gulley said. "It's one of those horror stories that you feel like can never happen to you."

Besides Lowe, others arrested with Williams on Friday night were Corinthia Lowe, 27, possession of marijuana and possession of a controlled substance; Tyree Hines, 19, illegally possessing two handguns and a controlled substance; and Grady Jenkins, 44, disorderly conduct. Also, a juvenile suspect was arrested and charged with possession of marijuana.

A jury in September found Shaunasty Lowe not guilty in the murders of Derrick Witherspoon, Elizabeth Witherspoon and her sons, Justin and Jerome McFarland, in July 2008. All four were shot in the head, and their house was burned with their bodies inside.

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Wallace State president testifies former Alabama college chancellor did not order her to hire accused contractor

Published: Monday, November 01, 2010, 7:08 PM ??? Updated: Monday, November 01, 2010, 7:09 PM

An Alabama community college president testified in federal court today that former Alabama two-year college chancellor Roy Johnson did not direct or coerce her into hiring Tuscaloosa contractor Roger Taylor's company for a construction project on campus.

Taylor is on trial in federal court in Tuscaloosa. He is charged in a bribery conspiracy to influence Johnson in the awarding of community college contracts to his company, Hall-Taylor Construction, by paying for appliances, doors and windows, and some constructions costs on a house Johnson was building in Opelika in 2004.

Vicki Hawsey, president of Wallace State Community College in Hanceville, testified today she had entertained proposals from Hall-Taylor Construction and one other company for the job of managing construction on a proposed $12 million project to build a fine arts center on the campus.

Hawsey said she was already leaning toward hiring Hall-Taylor when she asked Johnson about the two firms. Johnson told her that Hall-Taylor was doing a good job on another project for the two-year college system and recommended she hire that firm, she said.

But Hawsey said during questioning by one of Taylor's defense attorneys, Augusta Dowd, that Johnson did not coerce, order, or direct her to hire Hall-Taylor Construction in March 2005.

The construction management contract with Hall-Taylor was later cancelled when the project was delayed after construction bids came in higher than expected. The project has since been built.

Hawsey said during questioning by Assistant U.S. Attorney Pat Meadows that she was hired in 2003 in a process that involved Johnson and the board that oversees the two-year college system. Prosecutors have repeatedly tried to show that Johnson had a major role as chancellor in the hiring or firing of the college presidents to whom he was recommending Taylor's firm for work. Johnson served as chancellor from 2002 to 2006.

In all, Hall-Taylor got $3.4 million for managing 16 construction projects at nine state community colleges between 2003 and 2006, according to an FBI agent who tallied the contracts during testimony Monday. Hall-Taylor also was paid another $939,832 for construction management work on two other state projects connected to the two-year college system, the FBI agent testified.

One project was a center in Thomasville built to provide training to prisoners about to re-enter the workforce after serving their sentences. The other project was a center in Tuscaloosa that offered state employment and job training services.

The site selected for the Tuscaloosa center was owned by a group of investors that included Taylor. The state leases the site from the investment group for $11,475 a month, according to testimony during the trial.

Brenda Truelove, site manager of the Tuscaloosa Career Center, testified that Johnson was the one who picked the site. But she said she was happy with the location that was chosen.

Johnson has pleaded guilty to charges involving Taylor and similar charges involving others, and as part of his plea agreement agreed to testify. He is to be sentenced Nov. 18. Also under his plea agreement, prosecutors won't prosecute members of Johnson's family as long as Johnson cooperates and testifies truthfully.

Taylor's trial is scheduled to resume at 10 a.m. Tuesday. Chief U.S. District Judge Sharon Lovelace Blackburn said she will let the jury go early Tuesday so they can vote.

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Miles College looks at linking with Noland hospital site

Published: Friday, October 22, 2010, 6 H 15

The Board of Directors on Thursday Miles College discussed a plan to pursue the acquisition of land between Lloyd Noland hospital and the College's main campus property.

"My dream is to connect the two campuses," said President George French Miles.

French hopes to have a new Student Center built in as little as two years of the former Hospital, which was demolished.

Hospital was 41 hectares that French called the "North campus".Miles acquired ownership of the former Hospital, last known as health South Grand Ouest, in 2007.

The main campus occupies 35 acres.Entre two leaflets, about three blocks separated, sits the Demetrius c. Newton Gardens apartments belonging to Fairfield housing administration. Faye White, Executive Director of the authority, said that its Board of Directors was briefed miles on his plans.

"We will just listen to the presentation," said White."Our Board has not voted to approve anything".

Chairman of Committee for housing Fairfield O.C. Oden Jr. attended the meeting of Council of miles.

"If the town of Fairfield and Fairfield housing administration can come together and to give their support, I think there is a great opportunity," says Oden. "I think that this will be beneficial for everyone.I would like to see happen. ?

Responsible for miles look where residents could be reinstalled, says Oden property. " "It is nothing that we can agree that without residents being supported in the first", he said.

Miles hopes to obtain the cooperation of Fairfield connecting two campuses, said the fran?ais.Miles has 1.705 students this fall, and campus North of openness will enable growth, said French. "Which gives us the possibility to go to 3,000 students.?

School in January has made a capital campaign that raised approximately $ 35.5 million.

The annual budget to miles increased by 38 million with approximately 50 million dollars in the past five years, said the fran?ais.Le Endowment Fund sits down to 13.3 million dollars and said that he would like that increase to $ 35 million French. ""We did exceptionally well despite bad economy", he said.

Make the grounds of the former Hospital of the new entrance to the College make higher profile and provide a chance for a redesign.

"To plan a campus is that I am excited," said French. "We have all the land, that we need for 100 years.?

Plans include North campus to a new center of student, School of International Studies and political public, health and Wellness Centre and a centre for the performing arts.
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French said plans are in the works to add miles, graduate probably masters in education and social work and apply for status as a university programs of.

"I'm a little jealous, because one of these days it will be Miles University," said President of the Student Government Leah Graves, a person who, as she took part in activities to return to the country leading to a game of football Saturday 1 h with Benedict College. "Maybe I can go back and get my mis degree day.

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