The Birmingham Water Works Board (BWWB) will soon begin the search for a new chairman after voting in Wednesday’s meeting to accept Chris Rice’s most recent resignation.
A copy of Rice’s resignation email, which was sent to BWWB members Sept. 27, was obtained by AL.com’s Roy Johnson and reads as follows:
“Good Evening. Please accept my resignation from the Birmingham Water Works Board Effective October 1, 2022. I am very grateful to serve on this board. I wish you all the best of success.”
BWWB, led this morning by Vice Chairman William “Butch” Burbage, Jr., took a roll call vote to accept the resignation and all members except Director Ronald Mims and Second Vice Chairwoman Tereshia Huffman voted yes.
Mims voted against the motion and Huffman was not in attendance for the vote.
The resignation – Rice’s second one this month - is the latest in the back and forth over governance of the board – all of it connected to months of billing chaos afflicting thousands of the utility’s customers.
With the board under pointed, sustained criticism by Birmingham Mayor Randall Woodfin and a growing chorus of dissatisfied customers, Rice resigned Sept. 6 by delivering a letter to the mayor. Shortly thereafter Rice rescinded the resignation.
“It is my opinion that the Mayor of the City of Birmingham exceeded his authority in trying to secure Chris Rice’s resignation and, thus, for the reasons stated, as well as Mayor Woodfin being an improper participant, Chris Rice withdrew his resignation and, in my opinion, remains Chairman of the Board,” wrote Rice’s lawyer, Bruce L. Gordon in a letter to issued BWWB Sept. 14.
Birmingham City Attorney Nicole King countered that Rice’s first resignation was valid per the water works’ and sewer board’s amended June 1999 articles of organization or charter. The charter essentially states that if a board member’s resignation is properly tendered with a city’s clerk it is as valid as it would be if given directly to the board.
King continued that since Woodfin had properly filed Rice’s resignation letter with the city clerk on Sept. 8, the board should start searching for another chairman.
“The BWWB Board should acknowledge the resignation and determine that there is now a vacancy. The BWWB should then notify the Mayor who may appoint a replacement for the vacant seat,” wrote King.
In Wednesday’s meeting Director Lucien Blankenship called for a vote to accept Rice’s first resignation letter but that motion failed. BWWB lawyer Mark Parnell said there was still a question over whether that resignation counted, per the charter document. But he said that since Rice had expressed an intent to resign, the board needed to accept it.
After that the board accepted the latest resignation.
Before the board’s vote accepting the resignation, Woodfin sent a letter to Rice reaffirming that Rice’s resignation has been accepted by the city.
“I want to thank you for your service to the Birmingham Water Works Board and to the people it serves in the City of Birmingham and the surrounding areas,” Woodfin wrote. “I wish you the utmost success in all of your future endeavors.”
Chris Rice did not respond to requests for comment. BWWB spokesperson Rick Jackson said the board would not comment on the matter.
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