Alabama Attorney General Opinion 1979-0121

.„Y T S n CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA \D° OFFICE OF THE ATTORNEY GENERAL lig_ DoiQi LEE L. HALE DEPUTY ATTORNEY GENERAL WILLIAM M. SENIORS. JR. EXECUTIVE ASSISTANT WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL JANIE NOBLES ADMINISTRATIVE ASSISTANT ADMINISTRATIVE EVILDING IS NORTH UNION STREET MONTGOMERY. AL AAAAA 26130 AREA 1205).134-5111 MAR 27 1979 Honorable Jasper Fielding Chairman Coosa County Commission Post Office Box 6 Rockford, Alabama 35136 Coosa County-Sheriff-Expense Allowance Expense allowance for Coosa County Sheriff is not repealed by Act No. 538, Acts of Alabama 1978. Dear Mr. Fielding: You have requested an Attorney General's opinion on the following: "Act Number 538, regular session of the legislature, 1978, as signed into law on April 25, 1978, set the salary of the Sheriff at $20000.00 per year effective January 17, 1979. Section 1-B of this act states_that 'Such salary shall be in lieu of all fees, compensation, allowances, percentages, charges and costs, except as otherwise provided by law. "Act No. 316, regular session of the legislature, 1975, provided for an ex- pense allowance of $250.00 per month for the Sheriff. "Question-Can the County Commission continue paying this expense allowance to the sheriff?" Honorable Jasper Fielding Page Two MAR 27 LW, Act No. 538 has no effect upon this expense allowance. Act No. 538 amended Section 36-22-16 of the Code of Alabama 1975, Subsection (a) making provision for sheriffs' salaries and Subsection (b) providing as follows with respect to such salaries: " ....(b) Such salary shall be in lieu of all fees, compensation, allowances, percentages, charges and costs, ex- cept as otherwise provided by law . ..." (emphasis added) Since the Coosa County Sheriff's expense allowance is "otherwise provided by law," it is not repealed by Act No. 538. Sincerely, CHARLES A. GRADDICK Attorney General By- WILLIAM T. STEPHENS Assistant Attorney General WTS:bb 4 •