In two memos sent yesterday, Alabama Governor Kay Ivey announced that sheriffs may no longer personally profit from a very small portion of jail food funds: those state funds allocated for services in preparing and serving food to people in their jails. Contrary to media reports, these memos do not yet fully fix the problem of sheriffs personally pocketing these public funds.
In a statement, Governor Ivey said: “Public funds should be used for public purposes – it’s that simple.” While we applaud the Governor for taking a step towards accountability, her directive will have little practical impact on the problem it seeks to address. The reason is technical, but important. The Governor’s memos only prohibit sheriffs from personally profiting from what is referred to in § Ala. Code 14-6-43 as “food service allowance funds”. The memos do nothing to stop sheriffs from pocketing the far larger amounts of state monies that are provided, per §Ala. Code 14-6-42, for the cost of food itself.
The food service allowance funds make up a small fraction of the total amount that a sheriff receives. In 2017, across the state, sheriffs received $204,605.10 in food service allowance funds, and the far larger sum of $4,991,500.50 for food costs. This means that the food service allowance, which the Governor’s memo addresses, constituted less than 4% of the total amount of state jail food money given to sheriffs last year. In some counties, the difference was starker: in Baldwin County, Sheriff Huey Mack received a food service allowance of $4,106.25, and $293,980.75 to purchase food.
“We agree with Governor Ivey that the law does not permit the conversion of public funds – funds which are designated by statute for the feeding of prisoners – into personal income for sheriffs,” said Aaron Littman, an attorney at the Southern Center for Human Rights. “Unfortunately, unless this directive is revised, sheriffs will continue to pocket large amounts of taxpayer money from jail food accounts.”
“For decades some Alabama sheriffs have abused the public trust by placing personal profit over meeting the basic human needs of people in their care,” said Frank Knaack, executive director of Alabama Appleseed. “We thank Governor Ivey for taking the first step to rein in this abuse and urge Alabama legislators to heed her call to end this for good.”