Alabama Attorney General Opinion 1979-0147

mac. lte CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA APR 1 t 191 ADMIN. WE •UILDING EA NORTH UNION MONTGOMERY, MA 311130 AREA 120111. 1131-5150 OFFICE OF THE ATTORNEY GENERAL $ LEE L. HALE DEPUTY ATTORNEY GENERAL WILLIAM M. BEKLIRS. JR EXECUTIVL ASSISTANT WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL JANIE NOBLES ADMINISTRATIVE ASSISTANT rig_ 00149 Honorable Jack Floyd Attorney for Etowah County Commission 816 Chestnut Street Gadsden, Alabama 35901 Etowah County - Sheriff - Compensation Sheriff or his agent receives mileage allowance only if personal car is used. Otherwise they are reimbursed for actual traveling expenses. Dear Mr. Floyd: Reference is made to your request for an opinion from the Attorney General on the following matter: "On September 28, 1972, an Attorney General's Opinion was directed to the Etowah County Com- mission, which answered in the affirmative that the Etowah County Commission could lawfully pay the Sheriff of Etowah County an allowance for mileage and expenses for returning or transferring prisoners and/or insane persons to points outside the County. A copy of that opinion is attached hereto. "Based upon that opinion, the Etowah County Com- mission has been paying the Sheriff of Etowah County ten cents per mile as transportation costs, mileage and expenses for returning or transferring Honorable Jack Floyd Page 2 prisoners and/or insane persons to points outside the county. "On January 19, 1979, an Attorney General's Opinion was addressed to the Honorable Bettye Frink, State Auditor, Montgomery, Alabama, which answered in the negative as to whether or not a Sheriff was entitled to receive fifteen cents per mile as a mileage fee to be treated as a reimbursement of personal expenses if his deputies transferred prisoners and/or insane persons to or from points outside the county in county owned vehicles. * * * * * "May. the Etowah County Commission now lawfully pay the Sheriff of Etowah County an allowance for mile- age and expenses for returning or transferring prisoners and/or insane persons to points outside the county if a county vehicle is used for such returning or transporting." Your question is to be answered in the negative. The conclusion reached in the above mentioned opinion of the Attorney General dated September 28, 1972 to the Honorable Harry Sizemore of the Etowah County Commission was based on Act No. 815, Acts of Alabama 1971, p. 1571. This Act specifically placed the sheriff along with other county offices of Etowah County on a salary. The Act further stated: "The salaries hereinabove provided shall be the entire cmpensation each officer shall receive for the performance of his official duties, except for actual travel expenses incurred in such performance, and allowance to the sheriff for feeding prisoners or providing for the payment to him of mileage and expense allowances for returning or transferring prisoners and insane persons to points outside the county." Honorable Jack Floyd Page 3 It is my understanding that the above provision makes a distinction and separation between the reimbursement of the actual traveling expenses of those officers named in the act incurred while they are performing their official duties and the mileage and expense allowance given the sheriff for trans- porting prisoners and insane persons. Thus the officers named in the act are to receive no other compensation except travel expenses incurred in the performance of their official duties and the sheriff may receive the expense and mileage allowance allowed him by law for transporting prisoners and insane persons in and outside the county. The provision concerning the expense allowance and mileage allowance of the sheriff for the returning or transferring of prisoners is found at Code of Alabama 1975, Section 15-9-62. "When the punishment of the crime shall be the confinement of the criminal in the penitentiary or death, the expenses incurred in bringing an accused back to the state of Alabama shall be paid out of the state treasury, on the certificate of the governor and warrant of the comptroller. In all other cases, they shall be paid out of the county treasury in the county wherein the crime is alleged to have been committed. Notwithstanding any other provision of law regulating expenses of state officers and employees, the sheriff or other agent shall receive $8.00 per day while going to and returning from the place where the prisoner is arrested or confined and actual necessary expenses, including expenses of trans- portation; if train or bus is used, actual cost of transportation shall be allowed, but if the trip is made in the personal car of the sheriff or other agent of the state there shall be allowed for transportation $.10for each mile traveled." Note that this section allows the sheriff the mileage al- lowance only if the personal car of the sheriff or other agent CHARLES A. GRADDICK Attorney General By LYNDA F. KNIGHT Assistant Attorney General Honorable Jack Floyd Page 4 is used. Otherwise, it only allows for the actual necessary expenses of transportation. When Act No. 815 supra and Section 15-9-62 are read together, they are compatible. In accordance with them the Sheriff of Etowah County or any county may receive the $.10 per mile allowance if they use their personal car in the trans- ferring of prisoners in and out of the county. Otherwise, they would receive only reimbursement for any travel expense they incur while transferring the prisoner or insane person. For example, if a county car is used but the sheriff or his agent supplies the gas they may be reimbursed by the county for the cost of the gas. If county gas and a county car are used, they would receive no reimbursement unless there was some other expense while traveling. If our office can be of further assistance to you, do not hesitate to call on us. Sincerely, LFK;mj