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East Central Reporter

Tuesday, December 24, 2024

Understanding the role and budget of Shelby County's State's Attorney office

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Nichole Kroncke, Former Shelby County State’s Attorney | Official Website

Nichole Kroncke, Former Shelby County State’s Attorney | Official Website

The role of a State's Attorney in Shelby County has recently been under scrutiny, particularly on social media. However, it is important to note that the Office of State’s Attorney is not a county office but an executive branch of state government. Therefore, the County Board has no control over its employment matters. The board's powers are primarily budgetary, such as approving the budget submitted by the office.

A recent incident involved a former State’s Attorney who verbally agreed to hire an assistant through November 30, 2024. Despite some criticism regarding the lack of a written agreement, it is worth noting that previous officeholders have also relied on verbal agreements and incurred costs for taxpayers.

Upon the resignation of a State’s Attorney, any assistant working for that office has their appointment severed. In this case, when the State's Attorney resigned due to harassment from certain citizens and personal business reasons, his assistant was on Family Medical Leave. This meant that they would be terminated upon his resignation - an action prohibited by law during FML. Consequently, this could lead to a claim against the county with potential costs far exceeding those of having a release of claims signed as part of the employment termination agreement.

A similar situation arose with Shelby County Sheriff Brian McReynolds' recent union grievance settlement. Although records showed members were not owed anything as alleged, settling these claims avoided additional expenses for hiring a labor law expert for future cases.

Contrary to some insinuations that this was orchestrated by the county board to limit funds for the new State's Attorney, there is no evidence supporting this claim. Budget figures indicate sufficient funds for hiring an Assistant and other necessary resources for operating the Office of State’s Attorney.

In terms of budget amendments and appropriations, transfers can be made without a vote from the board after adopting the county budget. If additional funds are needed beyond what is available in line items for an Assistant State's Attorney or other areas, the newly appointed State's Attorney can request a budget amendment. This process would be more cost-effective if done during a regular meeting, avoiding mandatory publication costs for special meetings.

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