http://www.decaturdaily.com/decaturdaily/news/050518/ua.shtml

Committee denies UA nominee McDonald

By M.J. Ellington 
DAILY Staff Writer
[EMAIL PROTECTED] · (334) 262-1104 

MONTGOMERY — A Senate committee denied Decatur native Sid McDonald's 
re-nomination to the board of trustees of The University of Alabama late 
Monday. 

But McDonald will remain a trustee, an area lawmaker said, because the full 
Senate didn't vote. 

Tuesday, political observers said the Senate Committee on Confirmation's action 
had little to do with McDonald and everything to do with Mobile businessman 
Riley Boykin Smith, who lobbied for a trustee post. 

Area legislators who question the way the Senate committee made its decision 
believe a court may have to determine if committee action was legal. 

The Senate approves all nominees to the UA trustee board, which is a 
self-perpetuating board. The trustees nominate people to serve on the board 
when vacancies arise. McDonald chaired the board's nominating committee when it 
selected three new members and re-nominated four current trustees Feb. 4. 

The trustees nominated Marietta Murray Urquhart of Mobile for the vacant seat 
in District 1, where Smith lives. Smith is the grandson of former U.S. Rep. 
Frank Boykin, who played football with Paul W. "Bear" Bryant at Alabama, and 
has deep roots in Alabama politics. Smith served as state commissioner of 
conservation and natural resources in Gov. Don Siegelman's administration. His 
brother-in-law, Wallace Malone, a vice president of Wachovia Bank, formerly 
headed SouthTrust Bank. 

Rumors about the nominations and Smith's interest circulated through the State 
House when the session convened in February. 

After the UA board nominates trustees, the nominations go to the Senate 
Committee on Confirmations, which votes on the nominees and reports nominations 
to the full Senate. 

The committee can substitute its own nominees for the trustee board's slate. 
That last happened in 1983. 

The confirmations committee never officially met this week, according to Senate 
records. Instead, committee Chairman E.B. McClain, D-Midfield, individually 
polled some committee members. 

"McClain's committee never reported this out," said Sen. Tommy Ed Roberts, 
D-Hartselle. "There were several other confirmations reported out, but the full 
Senate never considered these nominations." Roberts believes the committee by 
itself cannot confirm or reject nominees. They need full Senate vote. 

Roberts also believes the university may have to restart the process and 
resubmit the nominations. "I believe that where we are headed with this, it may 
take a court case to resolve the constitutional question," Roberts said. 

Sen. Tom Butler, D-Madison, said he was disappointed by the committee's action 
and does not think the action was legal. "Sid will stay on the board because 
the Senate did not act on the recommendation," Butler said. 

Senate rules require that Senate committees have meetings, but the definition 
of meeting is in the eyes of the committee chair, said Butler. 

Roberts and Butler said they don't know who is backing Smith. 

"I am not part of this," Sen. Roger Bedford, D-Russellville, said Tuesday. In 
February, reports surfaced that Bedford was interested in McDonald's seat, but 
Bedford denied those reports. 

John J. McMahon Jr., president pro tem of The University of Alabama System 
trustees board, and Dr. Malcolm Portera, system chancellor, issued a statement 
on the committee vote. The statement said McClain reported that the committee 
rejected the two nominees. 

"The Board of Trustees has great respect for the Senate and the integrity of 
its procedures," the statement said. "We continue to believe that the majority 
of the Confirmations Committee did not support the purported effort to reject 
these trustees without a public meeting. It is noteworthy that there are 13 
voting members of the Confirmations Committee and that only six were reported 
as voting in favor of rejection." 

In addition to Urquhart, new trustee members who await Senate confirmation 
include Karen Brooks of Tuscaloosa and Joe Ritch of Huntsville. Others 
re-appointed with McDonald are Paul Bryant Jr. of Tuscaloosa, Jim Wilson III of 
Montgomery and John McMahon of Birmingham. 



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