Suit seeks to toss Bentley's Auburn trustee choices - WSFA.com Montgomery Alabama news.

Suit seeks to toss Bentley's Auburn trustee choices

"It is purely a lawsuit about making sure that the public agencies of the state Alabama follow the law when they do what they're supposed to be doing" attorney Jay  Lewis said. "It is purely a lawsuit about making sure that the public agencies of the state Alabama follow the law when they do what they're supposed to be doing" attorney Jay Lewis said.
MONTGOMERY, AL (WSFA) -

A civil suit has been filed in Lee County aimed at nullifying the nominees to the Auburn Board of Trustees, finalized by Governor Robert Bentley several weeks ago.

"This suit is aimed at the process by which they were selected" said attorney Jay Lewis who is representing former Auburn Alumni Association President Andy Hornsby in the suit.

Lewis said the suit is rooted in violations of Alabama's open meetings law.

"A meeting notice is supposed to be provided on the Secretary of State's website no less than seven business days prior to the meeting of the governmental agency or the subset of the governmental agency which of course this would be" Lewis said. "That information was not posted."

The suit names Governor Robert Bentley as well as members of the search committee tasked with finding individuals as well as administering an application process for the board.

Former Colonial Bank Chief Bobby Lowder, who has been a trustee since 1983, was nominated for another term this time around. He has been at the center of much debate regarding some of the board's actions and decisions for years.

Lewis says the suit has nothing to do with Lowder.

"It is purely a lawsuit about making sure that the public agencies of the state Alabama follow the law when they do what they're supposed to be doing" Lewis said.

The governor's office refuses to comment on pending legal matters that have not yet been served to the office. In an email, a member of the governor's communications office wrote there will be a response from the administration once the suit is served.

The Alabama Senate ultimately has the final say on whether the board, many of whom were reappointed, will be confirmed. The Senate is tasked with confirming or denying all gubernatorial appointments.

Lewis, the attorney handling the case, said justice will be served when a judge orders that the meetings were invalid and that the subsequent results of those meetings are invalid as well.

He said he expects the governor to be served the lawsuit by the end of the week.

Copyright 2011 WSFA. All rights reserved.

A civil suit has been filed in Lee County aimed at nullifying the nominees to the Auburn Board of Trustees, finalized by Governor Robert Bentley several weeks ago.

"This suit is aimed at the process by which they were selected" said attorney Jay Lewis who is representing former Auburn Alumni Association President Andy Hornsby in the suit.

Lewis said the suit is rooted in violations of Alabama's open meetings law.

"A meeting notice is supposed to be provided on the Secretary of State's website no less than seven business days prior to the meeting of the governmental agency or the subset of the governmental agency which of course this would be" Lewis said. "That information was not posted."

The suit names Governor Robert Bentley as well as members of the search committee tasked with finding individuals as well as administering an application process for the board.

Former Colonial Bank Chief Bobby Lowder, who has been a trustee since 1983, was nominated for another term this time around. He has been at the center of much debate regarding some of the board's actions and decisions for years.

Lewis says the suit has nothing to do with Lowder.

"It is purely a lawsuit about making sure that the public agencies of the state Alabama follow the law when they do what they're supposed to be doing" Lewis said.

The governor's office refuses to comment on pending legal matters that have not yet been served to the office. In an email, a member of the governor's communications office wrote there will be a response from the administration once the suit is served.

The Alabama Senate ultimately has the final say on whether the board, many of whom were reappointed, will be confirmed. The Senate is tasked with confirming or denying all gubernatorial appointments.

Lewis, the attorney handling the case, said justice will be served when a judge orders that the meetings were invalid and that the subsequent results of those meetings are invalid as well.

He said he expects the governor to be served the lawsuit by the end of the week.

Copyright 2011 WSFA. All rights reserved.

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