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Sheriff’s draft local law to dispose of abandoned property is tabled while county counsel reviews title and funds language
Summary
The Covington County Commission tabled a sheriff-proposed local law that would allow disposal or sale of abandoned or unclaimed property in sheriff storage after county counsel cited concerns over title vesting and disposition of sale proceeds; staff will revise language and coordinate with the state legislative office.
The Covington County Commission on Dec. 16 tabled a sheriff-led proposal to create local procedures for disposing of abandoned and unclaimed property held by the sheriff, including some vehicles and firearms, after county legal counsel advised that the draft needs clearer language on title vesting and disposition of funds.
The sheriff outlined that the county has long-held property and items in storage — some items dating back longer than his tenure — and needs a clear, lawful process to clear storage and return or sell property as appropriate. "We have stuff that's been in there for probably longer than I've been in this career," the sheriff said, explaining the impetus for a local law. The sheriff said he reviewed language used by other counties as the basis for the draft.
Miss Morgan, the county’s legal counsel, told the commission she had reviewed similar local laws and recommended several changes, particularly to (1) make clear how title to disposed items would be vested (not in the sheriff personally but in Covington County) and (2) specify how funds from sales would be handled and recorded. Morgan said she would help draft language that would be acceptable to both the sheriff's office and the commission and noted the draft will need to be submitted to the state legislative process in Montgomery, where further tweaks commonly occur.
Commissioners said they appreciated the draft but preferred additional review. One commissioner asked whether the sheriff wanted the package treated as an all-in-one ordinance or addressed item-by-item; the sheriff requested the package approach. The commission voted to table the item to allow legal counsel and staff time to refine the language and coordinate with state legislative offices, with a goal of returning the draft in time for the January legislative session.
Next steps recorded in the meeting: county counsel and the sheriff’s office will revise the proposed language, determine the proper vehicle for vesting title in Covington County, and prepare a resolution from the commission to accompany any local-law submission to Montgomery. A tentative timeline mentioned in the meeting aimed to have revisions ready ahead of the January session opening.
