My office received an E-blast communication yesterday from Mobile County District Attorney Ashley Rich. The communication sent from Ms. Rich's office to undisclosed recipients includes an accusation that the Mobile County Commission majority is refusing "to do what they are required by law to do and instead have chosen to fight us in court rather than sit down at the table and help find solutions that give our office the tools we need to fight crime in Mobile County." Some of you may also have either received it directly from the DA or as a forwarded communication.
Ms. Rich disagrees with the present funding allocation her office receives from the County and has demanded that the County provide substantial increases in her annual allocation, including back payment for positions that were never filled even prior to her election as District Attorney. Ms. Rich contends that the County is not following the requirements of state law in funding her office. It is important for you to be aware that the Mobile County District Attorney's Office is a state agency that receives several sources of funding from the state's general fund while also receiving a supplement from Mobile County.
It is extremely disappointing to me as a Mobile County Commissioner and also to me personally that our District Attorney's Office is involved in a campaign to mischaracterize the facts and accuse a County Commission majority (Commissioner Ludgood and myself) of an unwillingness to help find solutions to assist her office. That is absolutely untrue.
Commissioner Ludgood and I have issued a response to the accusation in order to provide information to you. The facts speak for themselves. Please feel free to contact my office if I can provide any additional information or answer questions regarding this issue.
Response to District Attorney's Email Communication-From Mobile County Commissioners Connie Hudson and Merceria Ludgood-January 8, 2014
In an email message from District Attorney Ashley Rich's office this morning (January 8, 2014), to undisclosed recipients, District Attorney Rich accuses the Mobile County Commission majority of refusing "to do what they are required by law to do and instead have chosen to fight us in court rather than sit down at the table and help find solutions that give our office the tools we need to fight crime in Mobile County." The statement is an absolute mischaracterization of the facts. Nothing could be further from the truth!
The facts are:
1. District Attorney Rich initiated the lawsuit against the Mobile County Commission contending that the County is not following the funding formula required by state law in providing funds to her office. The District Attorney's office is a state agency and receives several sources of funding from the state along with a supplement from Mobile County.
2. The County has systematically reduced operational and payroll budget expenditures in ALL county departments and county agencies including the Sheriff's Department, the License and Revenue Commission offices, Strickland Youth Center and the Probate Court for the last six fiscal years, but has NEVER reduced funding to the District Attorney's Office in that time period!
3. While we believe the County has already exceeded the funding requirements of the law, we entered into negotiations in a good faith effort to resolve the litigation. During the litigation process, the County and District Attorney's Office have on numerous occasions attempted to reach a compromise agreement that would end the costly litigation and provide additional financial assistance to the District Attorney's Office without jeopardizing the county's ability to operate. The DA's office flatly refused every offer of compromise made by the county.
4. The ruling made by District Court Judge George Elbrecht in this case indicates that the County Commission is actually OVERPAYING the District Attorney's office by almost $900,000 annually based on the correct salary schedule formula.
While we are acutely aware that all local, county and state agencies are still suffering from lean economic times, rising costs, and reduced revenues, it is our position - which has been sustained by court ruling - that the County is paying the District Attorney's Office even more than is required under the law. In addition, the County does not have the funds available to comply with Ms. Rich's demands. Simply put, we cannot give what we do not have - and, moreover, what we do not owe.
Connie Hudson
District 2
Mobile County Commissioner
Merceria Ludgood
District 1
Mobile County Commissioner
President