Madison County Board approves $58,870 emergency appropriation to pay VAC invoice despite legal warnings

The Madison County Board narrowly approved an immediate emergency appropriation of $58,870.46 to pay Veterans’ Assistance Commission (VAC) Warrant 16‑5, despite repeated legal warnings that part of the invoice may be for a private federal civil‑rights suit and therefore an improper use of public funds.

The appropriation, introduced by members of the Executive and Finance committees, passed on a roll‑call vote of 18 ayes to 7 nays. The resolution directs the county to pay VAC warrant 16‑5 to Burkhart Law Office on or before April 1, 2019.

The vote followed extended questioning about the contents of Warrant 16‑5. Board member Mr. Parkinson urged caution, saying the VAC had “failed to prove why they’re entitled to this payment” and warning that approving the payment could set a precedent. Madison County State’s Attorney Mark Gibbons told the board he was “especially concerned” about an email from the attorney’s office that identified roughly $6,092.50 as payment for a personal lawsuit. Gibbons said, “any payment of public funds for a sole personal purpose, a personal lawsuit, would be an illegal expenditure.”

Auditor Rick Faccin and others joined the discussion. Mr. Wesley asked whether verifiable detail exists to separate county‑business fees from personal charges; Gibbons said the warrant was submitted with redactions and that ‘‘without detailed billing records, there is no way to determine the specificity of what amounts of 16‑5 apply to that.’’

Deputy County Treasurer Chris Slusser said the appellate opinion limits the board’s ability to demand itemized invoices and noted that statutory changes have reduced direct oversight. He recommended a pragmatic approach, suggesting the board could approve payment while continuing to pursue oversight and transparency reforms.

Several board members framed the vote as a discretionary choice. ‘‘This Board has the ability to determine what it pays and what it doesn’t pay,’’ Gibbons told colleagues, while Mr. McRae said the VAC board bears primary responsibility as trustee for validating its bills.

The resolution was sponsored by the Finance and Executive committee members and included signatures from committee chairs. A formal tally — AYES: Chapman, Foster, Glasper, Gray, Guy, Harriss, Holliday, Jones, King, Kuhn, Madison, McRae, Michael, Moore, Pollard, Trucano, Walters, Wesley; NAYS: Malone, Hankins, Gorman, Minner, Parkinson, Novacich‑Koberna, Petrillo — was recorded in the minutes.

The board’s action resolves the immediate payment question but leaves unanswered whether any portion of the warrant is an illegal expenditure; several members and legal counsel recommended pursuing additional transparency measures, possible court review, or an Attorney General opinion to avoid future uncertainty.