Jackson County Commission

                  Jackson County Courthouse circa 1910

Today's agenda, click on images for an expanded view.

County Attorney John Porter reported that the State's Attorney General had provided an opinion concerning the constitutionality issue of the "TVA in lieu of tax cap fund" going into the Jackson County Legislative Delegation. "It is not the Attorney Generals' Office scope of responsibility to determine the Constitutionality of law." It would be incumbent on the commission to file suit in the Circuit Court relative to the issue requesting a ruling. My comment: This will be a problem for the Legislative Delegation concerning the Local Act relative to the  TVA in lieu of tax"cap fund."  I had researched this issue extensively several years ago, the delegation failed to properly advertise the "cap fund change" in any local paper of the county in 1999 as required by law and the Constitution of the State of Alabama.

The County Attorney mentioned that the proper procedure had been followed concerning notification of recouping money paid to Judge Hambrick. Upon research of this issue an Attorneys General Opinion had been issued to the Jackson County Commission on August 11, 2010. AG Opinion #2010-091 relative to the Omnibus Pay Raise Bill and the 3% pay increase granted to all county employees including elected officials.

It has been stated that Judge Hambrick should have been receiving $99,440.44. There was a 3% pay increase authorized by the County Commission on Oct 28 2009 to all County Employees including the commissioners and the Probate Judge. 3% pay increase of Judge Hambricks pay equals $102,423.65.  It has reported, due to the Omnibus Bill and the County Administrator, the Probate Judge's pay should be  $99,440.44,  that is not what the Attorney Generals Opinion states addressed to the Jackson County Commission. The Attorney Generals' Opinion states the Probate Judge is entitled to the pay raises/cost of living increases, 3% more to be exact. Has there been other cost of living increases since 2009? If so, Judge Hambrick is entitled to those raises. Code of Alabama 11-2A-4(a)