COUNTIES - ALABAMA

Mobile County v. Rich

Supreme Court of Alabama - March 11, 2016 - So.3d - 2016 WL 933065

District attorney filed complaint against county seeking declaratory relief and damages with regard to funding of employees of district attorney’s office. County filed counterclaims. The Mobile Circuit Court ordered county to provide certain funding. Parties appealed.

The Supreme Court of Alabama held that:

Local acts requiring county to provide certain funding to district attorney’s office did not violate constitutional provision that no money shall be paid out of treasury except upon appropriations made by law. County’s payments were not paid out of State treasury, and there was no argument that actual warrants received by employees of district attorney’s office were not properly issued pursuant to lawful appropriations.

Local acts requiring county to provide certain funding to district attorney’s office did not violate constitutional provision that legislature shall have no power to require any county to grant extra compensation to any public officer, employee, agent, or contract after service shall have been rendered; trial court did not grant “back pay” or amounts due for salary increases that should have occurred in the past, and attorneys were employees at will.



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