The Alabama Legislature last week sent Gov. Kay Ivey a bill elevating the financial penalties for those who abuse their public offices.
Under Senate Bill 58 by Sen. Arthur Orr, R-Decatur, public officials and employees convicted of a felony related to their position would have to forfeit his or her contributions to the state retirement system. That money would be used as restitution to the harmed office or entity. Any funds left over would be returned to the individual. Currently, those convicted of a felony related to their job lose the state’s contribution to their retirement funds, but not what the individual has contributed.
“We see more and more state and local government employees convicted of theft and embezzlement related to their positions of trust, yet they walk away with full pensions many times and are paid while they’re out of office awaiting trial,” Orr told ADN after the legislation’s passage. “This bill will put an end to such nonsense.”
The bill was carried in the House by Rep. Rex Reynolds and passed that chamber unanimously Thursday. It received unanimous approval in the Senate in early February.
The bill requires that if a public official or employee receives paid leave while awaiting trial, he or she must pay that money back upon conviction.
For example, under Orr’s bill, longtime Lauderdale County Circuit Court Judge Gil Self would have had to pay back the salary he received while on administrative leave for nearly two years. He was indicted in early 2024 and convicted in November 2025 on 17 counts of using his office for personal gain, lying to the Examiners of Public Accounts and lying to a Lauderdale County grand jury.
Several other elected public officials have been convicted in recent years of abuse of their offices.
In 2023, Barbour County Sheriff Leroy Upshaw was sentenced to prison after being convicted of using his office for personal gain.
The same year, a former Tuscaloosa County license commissioner was convicted of using her public office for personal gain, theft and fraud.
In 2021, a former Washington County revenue commissioner was ordered to repay about $650,000 after pleading guilty to taking the funds from the county parks board.
Also in 2021, former Lee County District Attorney Brandon Hughes pleaded guilty to using his office for personal gain and perjury.
In 2019, a Chambers County Probate Court employee was convicted of stealing nearly $300,000.
In 2018, a former Franklin County administrator was sentenced to two 20-year prison terms after taking more than $750,000.
If Ivey signs the bill, the new law will become effective Oct. 1.