Alabama Advisory Opinions March 09, 2001: AGO 2001-111 (March 9, 2001)

AGO 2001-111.

Dear Judge Brewer:

This opinion of the Attorney General is issued in response to your request.

May the Cullman County Commission legally provide funds and oversee the improvements to an existing building that is used for various purposes in the county, and when renovated, will also be used as a satellite office for the Sheriff's Department?

Your request states that in 1970 the State of Alabama deeded a parcel of land to the Center Hill Community. The Center Hill Community has a building on this property that is used as a Cullman County voting location, houses Meals on Wheels, senior citizens programs, and Neighborhood Watch. The building is in disrepair and needs renovation. The Center Hill Community has asked the county to provide funds and oversee the renovation. After the renovation the building will continue to be used for its current purposes but will also be used as a satellite office for the Cullman County Sheriff's Department and by the local VFW unit.

The Alabama Supreme Court has held that public funds may be appropriated for use by private groups only when the appropriation serves a public purpose that is consistent with the goals and authority of the entity providing the funds as determined by that entity. Slawson v. Alabama Forestry Comm'n , 631 So. 2d 953 (Ala. 1994); Opinion to Honorable Jerry Lacey, Chairman, Fayette County Commission, dated January 31, 1997, A.G. No. 97-00097. If the county commission determines that the agencies that use the building in question serve a public purpose, the county commission may provide the funds and oversee the renovation of the building. A contract or lease with the Community Center that provides a quid pro quo and memorializes the benefits to be conferred upon the public as consideration for the renovation of the building, while not necessarily required, would aid in defending the county commission's actions if ever challenged in court.

This Office notes that counties are authorized to furnish support for the poor, provide office space for the sheriff's department, and provide polling places for elections. ALA. CODE § 11-3-11 (1989); ALA. CODE § 36-22-18 (1991); ALA. CODE § 17-5A-5 (1995).

The Cullman County Commission may provide funds and oversee the renovation of a private building if the Commission determines that a public purpose is served.

I hope this opinion answers your question. If this Office can be of further assistance, please contact Brenda F. Smith of my staff.

Sincerely,

BILL PRYOR

Attorney General

By: CAROL JEAN SMITH

Chief, Opinions Division

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