Morgan County District Attorney Scott Anderson is suing Sheriff Ana Franklin over her use of the local jail food funds.

Anderson’s lawsuit seeks to prevent the outgoing sheriff from personally pocketing any of the local jail’s inmate food funds and demands repayment of any funds the sheriff may have improperly spent.

“This is taxpayer money that was designed to pay for feeding the inmates in the Morgan County jail,” Anderson said. “Our goal in filing this lawsuit today is to preserve what money that is left in the fund and make sure it is used for its intended purpose.”

Franklin declined comment, citing the ongoing legal matter. Her attorney didn’t return a call for comment.

Anderson said in the lawsuit that Franklin has withdrawn thousands of dollars from the food fund this year. He also said the sheriff used money from the jail store account to pay for feeding inmates, creating a surplus in the jail food account.

While state law generally allows sheriffs to supplement their incomes with unspent jail food funds, it doesn’t allow the sheriff to pocket jail store funds.

Anderson is alleging Franklin essentially pocketed money by transferring funds between the accounts.

The lawsuit was filed in Morgan County Circuit Court. Judge Glenn Thompson today issued an order that freezes the money in a food account that the sheriff opened in her name personally.

The sheriff last year was found in contempt of a since-terminated federal consent decree after it was made public that in 2015 she withdrew $160,000 and loaned $150,000 of the food fund to a now-bankrupt crooked used car lot that was co-owned by a convicted federal felon. Although the sheriff has said that she repaid that money, Anderson said today that the money wasn’t deposited into the official jail food fund. Instead, Anderson said, the money was put in the personal food money account set up by the sheriff. He said today that he subpoenaed financial records, which show a $55,000 balance in the account. He said he doesn’t know where the other $105,000 is.

The federal consent decree — which prohibited the Morgan County Sheriff from spending the funds on anything other than inmate meals — was issued after Franklin’s predecessor was jailed for contempt. Former Sheriff Greg Bartlett was dubbed “Sheriff Corndog” because he profited more than $200,000 while inmates ate corn dogs twice a day for weeks. The consent decree stemmed from a 2001 lawsuit against the county and then-Sheriff Steve Crabbe by inmates decrying conditions inside the jail. After finding Franklin in contempt, a federal judge agreed to terminate the consent decree.

Franklin’s food money loan to the Priceville Partners LLC car lot was first exposed to the public by the sheriff’s nemesis, blogger Glenda Lockhart, on the Morgan County Whistleblower website.

Franklin’s successor, Hartselle police Chief Ron Puckett, will take office Jan. 15. Franklin did not seek a third term during this year’s election.

Anderson said he believes Puckett will properly oversee the jail funds. In a press release from the DA’s office, Puckett issued the following statement:

“I want to assure Morgan County residents that our office will be a good steward of their money,” Puckett said. “That means jail funds that are designated for the operation of the jail and the feeding of inmates will be used to operate the jail and feed inmates. That includes any money the District Attorney is able to preserve or recoup.”

Anderson’s lawsuit seeks an accounting of any and all jail food accounts and for Franklin to reimburse the county and state for any money that was spent improperly.

A hearing is set Dec. 28.

Anderson’s announcement comes just days after Franklin reached a plea agreement with federal prosecutors in a tax investigation. Franklin on Wednesday agreed to plead guilty to a misdemeanor charge of willful failure to file a 2015 tax return in federal court for the Northern District of Alabama. She is expected to formally enter a guilty plea at arraignment on Jan. 10, 2019.

In federal court, Franklin faces up to a year in prison and a fine up to $100,000. Prosecutors will recommend “that the defendant be awarded an appropriate reduction in offense level for acceptance of responsibility,” court records state. Prosecutors said they are leaving it up to the judge whether Franklin should serve prison time or be allowed to serve her sentence on house arrest or probation.

Updated at 4:28 p.m.