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March 25, 2008
How low can you go? Alabama sheriffs may pocket leftover food money of $1.75 a day after feeding inmates at county jails.
Alabama attorney general rules that Alabama sheriffs may pocket leftover food money of $1.75 a day after feeding inmates at county jails.
Tuesday, March 25, 2008
KIM CHANDLER
News staff writer
MONTGOMERY - Alabama sheriffs may pocket leftover food money after feeding inmates at the county jails, the Alabama attorney general has ruled.
The opinion issued March 17 offered guidance on the controversial practice of sheriff's keeping whatever is left over from the $1.75 a day per inmate the state pays sheriffs to provide food in the jails.
The director of the Alabama Sheriffs Association praised the opinion and said it gives sheriffs incentive to wisely manage jail grocery costs.
"The code is very explicit, the excess belongs to the sheriff," said Bobby Timmons, executive director of the Alabama Sheriffs Association.
Some county officials have argued the surplus money should not be the personal income of the sheriff.
"Our disagreement with the attorney general is, if there's a surplus, it ought to be used for law enforcement purposes and not be put into the personal income of the sheriff," said Buddy Sharpless, executive director of the Association of County Commissions of Alabama.
The opinion cited a section of state law that states fees collected by the sheriff shall be paid into the county's general fund, "excluding the allowances and amounts received for feeding prisoners, which the various sheriffs of the various counties shall be entitled to keep and retain."
The phrase "keep and retain" has been interpreted in other fee-for-service situations to mean that "the officials retain the fee as personal income," the opinion read.
The Etowah County Commission and the city of Gadsden requested the opinion, asking, among other questions, if the sheriff could keep the surplus funds as personal income and if it was proper for the sheriff not to pay sales tax on food purchases for the jail.
Timmons said the extra income to the sheriff could be zero dollars because of rising grocery costs, or it could be tens of thousands of dollars in a year when the sheriff is able to find good deals.
"You can't just give them an apple and two crackers. You got to give them a nourishing balanced meal," Timmons said.
County commissions can direct the surplus funds to be deposited into the county general fund, but only if the county takes over the responsibility of feeding prisoners, according to the attorney general's office.
E-mail: kchandler@bhamnews.com
http://www.al.com/news/birminghamnews/index.ssf?/base/news/120643830716840.xml&coll=2
Posted by lois at March 25, 2008 01:15 PM