Alabama Attorney General Opinion 1979-0217

OFFICE OF PIIHE ATTORNEY GEN'ERAt / 13';-- 19- 00a17 Lee L. HALE ATTORNEY GENERAL CHARLESA.GRADDICK ATTORNEY GENERAL STATE OF ALABAMA SEP 10 1g}0 WILLIAM M. SECURE. JR. EXECUTIVE ASS! ADMINISTRATIVE BUILDING 44 NORTH UNION S MONTGOMERY AREA 120111. 1134.91S0 WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL 30 JANIE NOM-ES ADMINI IVE ASST Honorable Maurice C. West Mayor City of Graysville Graysville, Alabama, 35073 Municipalities - Expenses Amount of "actual expense" incurred by board member on official business must be deter- mined by municipal governing body. Dear Mayor West: This office has received your opinion request asking whether mileage, parking and lunch are "actual expenses" or "actual amount of expenses" for which the city may reimburse a member of the Board of Directors of the Park and Recreation Board. Authority for reimbursement to this individual was approved in an Opinion to Honorable Maurice C. West, Mayor of Graysville, under date of June 11, 1979. Your request presents the following facts: A member of the Board of Directors of the Park and Recreation Board of the City of Graysville has requested reimbursement for expenses. The expenses that he has requested reimbursement for are mileage computed on a basis of fifteen cents (154) per mile, lunch and parking for each occasion. No reimbursement for the actual gas purchased has been sought. In our opinion dated June 11, 1979 this office held that board members may be reimbursed for the "actual expenses" they incur in the actual performance of their official duty as board members. We further stated that board members should receive Honorable Maurice C. West Page Two only the "actual amount of expense as reimbursement." This language was used to emphasize the lack of authority for a per diem reimbursement or the granting of a flat rate expense account. While mileage, lunch and parking all seem to be "actual expenses" incurred by a board member which would not have been incurred had the board member not been absent from the city on official business, it is the opinion of this office that such determination must ultimately be made by the municipal governing body. For further clarification, it is the opinion of this office that the council may, as a policy determination within its discretion, pay mileage as a con- venient manner of accounting for actual expense. If we may be of further service, please do not hesitate to contact us. Sincerely yours, CHARLES A, GRADDICK Attorney General B o r d &A u CAROL J SMITH Assistant Attorney General 4 CJS/sa