AGO 1996-239.

• Case Date: June 14, 1996
• Court: Alabama

Alabama Attorney General Opinions 1996. AGO 1996-239. 1996-239June 14, 1996Honorable James E. Turnbach County Attorney Turnbach & Warren, P.C. P. O. Box 129 Gadsden, AL 35902 Counties - Sheriffs - Prisons and Prisoners - Meals - Funds The county commission may, by proper resolution, direct that the food service allowance authorized by _ 14-6-43, Code, be paid into the county's general fund. The county commission may hire food service personnel.Dear Mr. Turnbach: This opinion is issued in response to your request for an opinion from the Attorney General. QUESTION 1

If the Etowah County Commission pays the salary of the dietician, pursuant to a consent decree, as well as two food service technicians, not required by a consent decree, should the office of the Sheriff or the Etowah County Commission be allowed to retain the food service allowance provided in Section 14-6-43 of the Code of Alabama 1975?

FACTS AND ANALYSIS The laws of Alabama grant the sheriffs of the counties of the state funds to pay for services in food preparation incident to the feeding of prisoners in an amount set forth in Code of Alabama 1975, _ 14-6-43:

"_ 14-6-43. Allowance -- Preparation and service, etc.

"(a) The sheriffs of the several counties of the state shall receive pay for services in preparing food, serving food and other services incident to the feeding of prisoners, not including the cost of food to be served to such prisoners, as follows:

"(1) For one prisoner, $1.00 per prisoner per day;

"(2) For each prisoner, from two to five prisoners, $.50 per prisoner per day;

"(3) For each prisoner, from six to 10 prisoners, $.40 per prisoner per day;

"(4) For each prisoner, from 11 to 20 prisoners, $.30 per prisoner per day; "and

"(5) For each prisoner, from 21 to 85 prisoners, $.05 per prisoner per day.

"(b) In all counties where there are two or more jails, the report of prisoners in said jails shall be made upon the number of prisoners confined, but the sheriff shall be only paid as if all of said prisoners were confined in one jail."

This statute states that the sheriff of the county shall receive the food service allowance specified in the law. Section 14-6-43 must be read in conjunction with _ 36-22-17, Code, which provides as follows:

"_ 36-22-17. Disposition of fees, commissions, etc.

"All fees, commissions, percentages,

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