Alabama Attorney General Opinion 1979-0185

OFFICE OF THE ATTORNEY GENERAL `4,teb, /53 79-00185 CHARLES A. GRADDICK LEE L HALE ATTORNEY GENERAL DEPUTY ATTORNEY GENERAL STATE OF ALABAMA WILLIAM M. RERUNS. JR. EXECUTIVE ASSISTANT WALTER S. TURNER CHIEF ASSI S ATTORNEY GENERAL JANIE NOBLES ADMINISTRATIVE ASSISTANT SEP 27 10 ADMINISTRATIVE BUILDING 54 NORTH UNIONSTREET MONTGOMERY. AREA 12051. 04411150 Mr. A. C. Allen, Jr. Superintendent Dothan City Schools 500 Dusy Street Dothan, Alabama 36301 Boards of Education - Interstate Travel - Governor Section 36-7-21 not applicable. Dear Mr. Allen: I have your letter of August 29, 1979, in which you request an opinion of this office regarding the applicability of Section 36-7-21, Code of Alabama 1975, to out of state travel of members, cancers and employees of city boards of education. Section 36-7-21 provides that persons traveling in the service of the state shall be allowed all of their actual and necessary expenses. provided, that such travel shall have first been fully authorized in writing by the Governor. Your specific question is whether members, officers and employees of City Boards of Education who travel out of state in the service of the local board must first obtain the written authorization of the Governor in order to later be reimbursed their actual expenses. Your question has been answered in the negative in an opinion of this office to Dr. LeRoy Brown, State Superintendent of Education, August 10, 1971. The opinion is reported at p. 23 of Vol. 144, Quarterly Reports of the Attorney General. A copy of that opinion is enclosed for your convenience. Mr. A. C. Allen, Jr. Superintendent, Dothan City Schools Page 2 The opinion to Dr. Brown considers your question as pertains to Act No. 470, 1969 Regular Session, Alabama Legislature. With subsequent unrelated amendments, Section 2 of Act No. 470 is now codified as Section 36-7-21. I trust that we have answered your question sufficiently and that you will feel free to call upon this office if further assistance should be necessary. Sincerely, ariLjtaCkLeSe, CHARLES A. u DICK ATTORNEY GENERAL CAG/rgh Enclosure • nt— ?tate 969. 940, pro- ;ing re- : if, ion. of J11 -du- we 3 of X•C- tive 619, UM my ned ing the vies 1), ts), led. en- and om nitarz!';;:te-• i",„„ JULY, AUGUST, SEPTEMBER—VOL. 144 23 compensation for serving on jury duty. This has been done on the as- sumption that Act No. 619 was a maximum amount that could he paid by a public agency to an employee while serving on jury duty. It is my opinion that this position is incorrect. Act No. 619, supra, provides for, in my opinion, a minimum compensation that may be paid any employee while serving on jury duty and does not act as a repeal or modifier of those laws authorizing the various public agencies to fix by rule or by regulation or by contract the compensation for their employees and to establish special leave for such employees. Cf. Title 52, Section 136, Code of Alabama 1940, Recompiled 1958, and the pro- visions of the State Merit System provided under 'Title 55 of the Code, supra. I am, thus, of the opinion that a public agency may, pursuant to its rules and regulations or contract of employment, provide for special leave for its employees during the time such employee is serving on jury duty and pay such employee his usual full compensation not de- ducting the fee or compensation the employee receives for serving as a juror. If I may be of any further assistance, please let me know. Very truly yours, WILLIAM J. BAXLEY Attorney General August 10, 1971 Honorable LeRoy Brown, Superintendent • State Department of Education State Office Building Montgomery, Alabama 36104 Schools—City Boards of Education—County Boards of Ed- ucation—Expenses. State Statute limiting travel expenses does not apply to city & County Boards of Education. Opinion by Assistant Attorney General Madison. Dear Dr. Brown: I have your letter of August 5, 1971, which is a follows: "Act No. 470, enacted in the 1969 Regular Session of the Legis- lature, regulates the payment of expenses for official state travel. This Act does not explicitly refer to travel of person- nel employed by local city and county boards of education. Your opinion as to the application of this Act to the travel of Ire • L: 'QS 4a.^ Ring .1.-agd.xret... 24 ATTORNEY GENERAL OF ALABAMA personnel employed by local boards of education would be appreciated." It is my opinion that Act No. 470, enacted Regular Session 1969, does not apply to travel expenses of personnel employed by city and county boards of education. Cordially yours, WILLIAM J. BAXLEY Attorney General August 11, 1971 Honorable W. C. Kingsbcry, Administrator Wiregrass Hospit'! Geneva, Alabama 36340 Counties—Hospitals—Funds. Statute of Limitations is applicable to hospital accounts. Opinion by Assistant Attorney General Madison. Dear Mr. Kingsbery: In your letter of August 4, 1971, you state the following: "We have been informed that a county owned and county op- erated hospital, branch of the State, accounts are not appli- cable to the Statute of Limitations law." It is my opinion that the Statute of Limitations is applicable to such county operated hospital, and if the period stated inithe applicable statute has run, the account would not be collectible if the limitations of the statute is raised by the debtor. Cordially yours, WILLIAM J. BAXLEY Attorney General August 12, 1971 Honorable A. W. Steineker, Jr. Examiner of Public Accounts 608 Madison Avenue Montgomery, Alabama 36104 District Attorneys—Examiner of Accounts—Expenses— Funds.