Civil suit filed against AU trustee selection committee-Target=Bobby Lowder
As many know Lowder and his wreckless friends still pretty much control everything Auburn does. A civil suit has been filed from a former alumni association president to overturn the nominations of B.L. and eight others to Auburn's Governors Board. The lawsuit claims the 'secret meeting' violates the state's "open meetings act". The secretary of state did not file a notice of the meeting, which is required by state law.
Plaintiff alleges panel broke state open meetings law
A lawsuit was filed Friday seeking to invalidate the nomination of Bobby Lowder and eight others to Auburn University's governing panel. Andy Hornsby, former president of the Auburn Alumni Association, alleges that Gov. Robert Bentley and the selection panel violated the state's Open Meeting Law.
By Donathan Prater | Opelika-Auburn News
Published: May 09, 2011
Updated: May 09, 2011 - 7:46 PM
A former alumni association president filed a civil suit against members of the Auburn Universitytrustee selection committee to overturn the nomination of Bobby Lowder and eight others to AU’s governing board.
The lawsuit, filed on Friday in Lee County Circuit Court, claims the committee violated the state’s Open Meetings Act by improperly going to executive session and failing to give proper notice of the meeting as required by state law.
Hornsby says many other “prominent Auburn people” were interested in joining him in filing the lawsuit as well as offering help in underwriting the cost.
As of Monday, the governor’s office has not received a copy of the suit, said Rebekah Mason, director of communications for Bentley’s office.
“If and when we are served with a lawsuit and our legal department has had a chance to review it, we will certainly have a comment,” Mason said.
The lawsuit comes after the committee drew criticism from Hornsby and others in the Auburn family for nominating Lowder to another term on the board.
“I got a call from a prominent media source in Montgomery that was knowledgeable about the Alabama Open Meetings Act and said that notice of the meeting was not filed by the secretary of state as required by law,” Hornsby said on Monday. Hornsby said he then contacted R. Cooper Shattuck, Bentley’s legal adviser, to inquire whether notice of the meeting had been filed.
“I asked him to look into it and get back to me, and he never did,” said Hornsby, who was reluctant to go forward with any legal action in the wake of the recent tornadoes.
“However, with the Friday deadline looming to file the suit, I decided that I’d better go ahead and file it, even though I hope that the Senate remains firm in their conviction not to confirm the nominees put forth in this illegal meaning,” Hornsby said.