Hamilton County Commission Chairman Jim FieldsA day after Hamilton County commissioners defeated a budget veto and kept $900,000 in commission discretionary funds in the 2016 budget, they learned the money can't be spent on what they've always insisted the funds are for: county schools.
County Attorney Rheubin Taylor said late Thursday the state comptroller's office notified the county of a past attorney general's opinion saying general fund money can't be spent toward education.
"The attorney general's opinion basically states that county funds cannot be spent over and above the educational tax levy," Taylor said. "Any above that can't be authorized."
Taylor could not provide the letter or opinion to the Times Free Press, because the office was closed and he had left for the day.
Commission Chairman Jim Fields, one of six who voted to override Coppinger's veto and keep the funding, declined to comment Thursday, saying discussions between Taylor and the commission fell under attorney-client privilege.
Commissioner Joe Graham, who leads the body's finance committee and voted against keeping the funds, said he hadn't heard from Taylor yet.
"I'm unaware of the attorney general opinion, but if it's the law of the land we will follow the law," Graham said.
County Mayor Jim Coppinger left the nearly $1 million for commission spending out of his 2016 budget, saying there was not enough money coming in to keep the fund going.
But commissioners amended that budget to include the funds, saying they were critical to pay for educational and other projects that would otherwise go unfunded. Coppinger vetoed that decision, but commissioners overrode the veto Wednesday.
Commissioner Joe GrahamOn Thursday afternoon, Coppinger said Taylor is still looking into the attorney general's opinion and the county will act according to law.
"He'll tell us what the opinion said. Of course he's the attorney for both [the mayor and the commissioners]," Coppinger said.
Commissioners have spent millions of dollars in discretionary money on schools or school property since the discretionary funds began in 1981.
A Times Free Press review last week showed that in 2014, $562,926 of the $1.6 million spent - or 35 percent - went toward school athletics or public parks. Only $201,900, or 12.6 percent, went toward books, classroom technology or county educational programs. That year, 13.9 percent, or $223,300, went to public safety programs.
So far this year, 42 percent of the $706,852 spent went toward school athletics or recreation, 16.5 percent went to education and 31 percent went to public safety.
It was unclear Thursday what will become of past projects, if they were performed illegally.
John Dunn, spokesman for the state comptroller, did not immediately return a phone call or email late Thursday.
Contact staff writer Louie Brogdon at lbrogdon@timesfreepress.com, @glbrogdoniv on Twitter or at 423-757-6481.