Alabama Attorney General Opinion 1979-0126

CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA February 28, 1979 ADMINISTRATIVE BUILDING 04 NORTH UNION STREET MONTGOMERY. ALABAMA.35130 AREA (200/.1134.5150 OE) 1Q(.9 OFFICE OF THE ATTORNEY GENERAL LEE L. HALE a PUTT ATTORNEY GENERAL WILLIAM M. BEKURS. JR• EXECUTIVE ASSISTANT WALTER S. TURNER &tip- ASSISTANT ATTORNEY GENERAL JANIE NOBLES ADMINISTRATIVE ASSISTANT Shelby County Rehabilitation Board c/o Hon. William R. Hill, Jr. District Attorney 18th Judicial Circuit Courthouse Columbiana, Alabama 35051 Counties - Law Enforcement Planning Agency - Statutes - Shelby Shelby County 1. Act No. 700, Acts of 1976, Section 13 does not constitute the County Commission of Shelby County as exclusive govermental agency authorized to approve local funds for matching federal grant for work release program. 2. Shelby County Rehabilitation Board is authorized to approve local match for federal funds to finance work release project. Dear Board Members: I have your inquiry as follows: The Shelby County Rehabilitation Board was created by Act No. 700 of the 1976 Regular Session of the Alabama Legislature. Section 13, of said Act, reads as follows: Shelby County Rehabilitation Board cio.Hon..William R. Hill, Jr. Page two February 28, 1979 'The Shelby County Commission is hereby authorized and directed to further implement this program by approving funds made available by LEPA as long as said funds are available.' The Board would appreciate the Attorney General's opinion as to whether or not this means that the Shelby County Commission is the exclusive governmental agency empowered to approve funds for the purpose of matching an LEPA Grant for the furtherance of the Shelby County Work Release Program." Your question assumes that the "approval" referred to in Section 13 of Act No. 700, supra, has reference to the approval by the county governing body of "funds for the purpose of match- ing an LEPA Grant for the furtherance of the ... release program." This is not what the Act provides. Section 13, quoted in your inquiry, authorizes and directs the County Commission to approve. "funds made available by LEPA" in order to implement the work release program. This is the only place in the Act where the County Commission is mentioned. I take this to mean that the County Commission must approve the use and expenditure of federal LEPA funds for financing and paying the expenses of the release program as long as such fede- ral funds are available and provided for that purpose. The provision for local matching of federal funds is con- tained in Section 4 of Act No. 700, supra, where the County Re- habilitation Board is authorized to retain 20% of inmates' gross earnings: "to pay such cost incident to the inmates confinement, including but not limited to, matching any federal or state grants; which may be available in relation to the purposes of this act." This local matching is apparently approved and effected by the County Rehabilitation Board pursuant to the statute and ap- proval of this local matching by the County Commission is not required. We see, therefore, that the County Rehabilitation Board is a county agency empowered to approve local funds for the purpose of matching an LEPA grant for the furtherance of the Shelby County Work Release program. Shelby County Rehabilitation Board c/o Hon. William R. Hill, Jr. Page three February 28, 1979 It results, therefore, that your question must be answered in the negative. Section 13 of the Act No. 800, quoted in your inquiry; dOes not mean that the County Commission is the ex- clusive governmental agency empowered to approve funds for the purpose of matching an LEPA Grant for the furtherance of the Shelby County Work Release program. Very truly yours, CHARLES A. GRADDICK Attorney General jiy7 7)1 () r-Le ( Cs to ,-- BERNARD F. SYKES / Assistant Attorney General CAG:BFS;jhm