A judge has ruled that Lincoln County has to pay the bills submitted by Sheriff Mike Krigbaum. This was the ruling rendered in a suit filed by the first-year sheriff after the Lincoln County commissioners had attempted to reduce spending due to less revenue coming in from sales tax.
Following a month of study, Judge David Mobley issued his ruling on Oct. 23. He said Commissioners Sean O'Brien, Jim Mayes and Matt Bass had no authority to stop paying some of the sheriff's bills in an effort to cut costs. He said state law doesn't allow for the commission to change its annual budget because of a shortfall.
In the judgement, he said the commissioners approved the sheriff's budget in January at $5,466,841.31. In April, the commission sent a letter saying, due to reduced sales tax receipts, they could provide no more than $325,000 per month towards the sheriff's expenses. The letter stated 'the amount may, in the future, be subject to being increased or decreased, dependent upon the course of the county economy.'
In June, the commission amended the sheriff's budget to $4,157,292.25, a decrease of $1,308,379.88.
Judge Mobley cited Kuyper v Stone County Commission when the Missouri Supreme Court stated: 'Once appropriations are fixed and the appropriation order entered, the commission may not control the spending decisions made within appropriations to that office and the officeholder may expend funds appropriate as he/she sees fit.'
Mobley said the bills submitted by the sheriff for payment do not exceed the sheriff's budget as initially approved by the commission.
"We're disappointed with the decision," said Presiding Commissioner O'Brien. "This is a decision which may affect county governments throughout the state in these days of economic recovery. Every county was watching the outcome of this case. We are attempting to continue to provide necessary county services in the offices and maintain a workable balance in the general revenue fund."
The commission just recently had to lay off three employees in the county highway department.
"I took an oath to protect the citizens of Lincoln County and am trying to do right for them," said Sheriff Krigbaum.