Office of The Greene County Commissioners
Action seeks return of public money for emergency medical services and other lawful public purposes after State collection efforts stalled
EUTAW, Ala. — September 29, 2026 — The Greene County Commission announced today that it has filed a lawsuit in the Circuit Court of Greene County seeking to recover $4,966,427.69 in public funds that the Alabama Department of Examiners of Public Accounts determined were disbursed from the Greene County Bingo Fund by the Office of the Sheriff without adequate supporting documentation or for purposes not authorized by the Constitution of Alabama. The suit, Greene County v. Benison, Case No. CV-2026-900059, names Sheriff Jonathan “Joe” Benison and the surety on his official bond.
The lawsuit is based on Examiners’ Report No. 25-560, a public record filed October 3, 2025, covering the period October 1, 2018 through April 30, 2024. Following that examination and a show-cause proceeding, the Chief Examiner of Public Accounts entered an order on September 17, 2025 fixing the unpaid charges at $4,966,427.69 and certified them to the Attorney General and the District Attorney for collection under Alabama law. The report found, among other things, more than $3.1 million in payments made directly to employees in addition to their county-paid salaries, and more than $2.1 million in Bingo Fund disbursements —including nearly $1.2 million to consultants and attorneys — for which adequate documentation was not provided. The report also found that the Sheriff’s use of bingo assessments for salary supplements and other law enforcement expenses did not comply with the constitutional amendment that authorizes bingo in Greene County.
Nearly a year has passed since those charges were certified. No collection action has been filed. On July 6, 2026, the County Attorney wrote to the Attorney General and the District Attorney asking for a status report and explaining the urgency created by the financial condition of Greene County Emergency Medical Services. That letter has not been answered.
“The State’s own examiners did their job. They found the money, they fixed the amount, and they certified it for collection,” said Garyia Spencer, Chair of the Greene County Commission. “We waited. We asked. We have heard nothing. The Commission has a duty to the people of this county to protect public money, and we are not going to let nearly five million dollars sit unaccounted for while our ambulances go unfunded. If the State will not collect it, Greene County will.”
The bingo assessments at issue were collected from bingo operators in Greene County under rules issued by the Sheriff, which state that the money is to be used to benefit the public welfare of the citizens of Greene County. Historically, those funds have supported the County Commission, the municipalities, the school system, the Health System, and emergency services. In July 2026, Greene County EMS was forced to suspend ambulance transports for lack of funds; service was restored only through emergency assistance and private donations.
The complaint asks the Court to declare that the Bingo Fund is public money held for the benefit of Greene County and its citizens; to order the Sheriff to pay the certified charges; to prohibit further spending of bingo assessments for purposes the Constitution does not permit; to require a full accounting of the Bingo Fund; and to recover on the Sheriff’s official bond, which under Alabama law is payable to the county treasury. The Commission has asked that any funds recovered be placed in a segregated account under the Court’s supervision and used only for lawful public purposes, including emergency medical services, public health, public education, and the municipalities of Greene County. The Commission is also seeking recovery of its attorneys’ fees so that the cost of the litigation is not borne by taxpayers.
“This is not about one office or one official. It is about whether public money in Greene County will be spent the way the Constitution allows,” said Chairman Spencer. “We would welcome the Attorney General and the District Attorney joining this effort. Until they do, the Commission will carry it.”
The Commission emphasized that the lawsuit seeks recovery of funds, not the disruption of law enforcement, and that the County will continue to fund the Sheriff’s Office and the county jail as required by law. The allegations in the complaint are based on the public findings of the Department of Examiners of Public Accounts.
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About the Greene County Commission
The Greene County Commission is the governing body of Greene County, Alabama, responsible for the County’s budget, roads, facilities, and general administration, and for safeguarding the public funds entrusted to the County on behalf of its citizens.