Alabama Attorney General Opinion 1979-0207

ADMINISTRATIVE BUILDING 64 NORTH UNION AREA Ian). 66441150 WILLIAM M. BEKURS, JR EXECUTIVE ASSISTANT WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL JANIE NOSLES ADMINISTRATIVE ASSISTANT OFFICE OF THE ATTORNEY GENERAL 19- (NW)? ,(13 • 41 LEE L. HALE DEPUTY ATTORNEY GENERAL CHARLES A. GRADDICK14 ATTORNEY GENERAL STATE OF ALABAMA MAY 24 1973 Honorable Glenn M. Smitherman Sheriff of Bibb County Centreville, Alabama 35042 Bibb County-Sheriff-Salary and Expense Allowance The Sheriff of Bibb County is entitled to a monthly expense allowance of $200. Dear Sheriff Smitherman: This letter is in response to your letter of January 17, 1979, asking if Act No. 538, Acts of Alabama 1978, p. 596 repealed the expense allowance for the Bibb County Sheriff provided by Act No. 676, Acts of Alabama 1977, p. 1166. The answer to your question is in the negative. Act No. 538, supra, amended Section 36-22-16(b) of the Code of Alabama 1975, providing as follows with respect to each Sheriff's salary, fees, allowances, etc.: "...(b) Such salary shall be in lieu of all fees, compensation, allowances, percentages, charges and costs, except as otherwise pro- vided by law. ..." (emphasis added) Act No. 676, supra, provides in pertinent part: "Section 4. ...the Sheriff of Bibb County shall receive a $200 per month expense Sheriff Smitherman Page Two allowance which shall be payable from the County Treasury." Therefore, it is my opinion that the Sheriff of Bibb County is entitled to the $200 per month expense allowance provided by Act No. 676, supra. If this office can be of any further assistance, please do not hesitate to contact us. Very truly yours, CHARLES A. GRADDICK Attorney General By- JIMMY L. DEBARDELABEN Assistant Attorney General