Budget Issues

Opinion # 2003-046
Discussion providing that if the sheriff properly submits a requisition that is within the line item in the approved budget for the sheriff's office, the county commission has no authority to refuse payment for the requisition and that the sheriff, not the county commission, has the authority to hire, fire and discipline deputy sheriffs.

Opinion # 2003-251
Discussion of several aspects of the county commission's budgetary responsibilities and relationship with revenue commissioners regarding hiring and firing and budgetary issues.

Opinion # 2009-036
The sheriff is not required to seek or obtain the approval of any other county official before making payments from a discretionary fund, but may not use the fund to provide incentive compensation to deputies and jailers because state law provides that they are paid by the county. However, the county commission could use the fund for such compensation with the approval of the sheriff, provided (1) the compensation is prospective, (2) it is treated as a regular part of an employee's compensation, (3)is made pursuant to a written policy, and (4) is in exchange for additional consideration provided by the employees.

Opinion # 2009-041
The funds collected by the probate judge pursuant to a local act are public funds that must be included in an estimate of revenue to be furnished to the county for budget purposes under Alabama Code § 11-8-3.

Opinion # 2009-050
Unless otherwise provided by local law, the coroner in each county is responsible for the cost of transportation of bodies for the purpose of forensic examination.

Opinion # 2009-057
County law library funds may be used to purchase and install trial aids, such as courtroom media systems, for use in the courtrooms.

Opinion # 2009-061
If a governmental entity determines that a public purpose is served, it may join with nonprofit organizations to finance a community center, but should enter into a written contract setting out the benefits to be conferred to and the citizens in return for the funds appropriated to the organization. The governmental entity may accept donations from private individuals and civic clubs.

Opinion # 2009-068
The term "economic development" includes expenditures for transportation infrastructure, maintenance, or improvement. However, where funds are to be used for economic development, the county commission must make a determination that a particular expenditure for transportation infrastructure, maintenance, or improvement serves an economic development purpose.


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