Alabama Attorney General Opinion 1979-0081

OFFICE OF THE ATTORNEY GENERAL PH_ coos LEE L. HALE DEPUTY ATTORNEY GENERAL, WILLIAM M. DEMURS, JR. EXECUTIVE ASSISTANT CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA ADMINI IVE SUILOING 44 NORTH UNION STREET MONTGOMERY, ALABAMA 3$236 AREA (ash 504-Bt 50 WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL JANIE NOBLES ADMINISTRATIVE ASSISTANT Sheriff_Melvin - Stepheris Office'of - the Sheriff Sumter County Courthouse Livingston, Alabama 35470 Sheriffs - Expense Allowance Sumter County Sheriff - Expense allowance payable - Act No. 232, 1975 Acts Act No. 538, 1978 Acts Dear Sheriff Stephens: Your,request.of.January 29, 1979 pertaining to your expense allowance has- been - received. It is the opinion of this office that the expense allowance as provided by Act #232, Acts of Alabama 1975, page 759 is allowable to you as Sheriff of Sumter County. Said Act pro- vides as follows; "The county commission of Sumter County is authorized to pay from the county general fund to the sheriff of Sumter County, the sum of two hundred fifty dollars ($250.00) per month as an expense allowance. Such allow- ance shall be in addition to any and all other compensation and allowances presently or here- inafter provided by law." Sheriff Melvin Stephens Sumter County Courthouse Page Two Act #538, Acts of Alabama 1978, page 596 provides as follows: "Such salary shall be in lieu of all fees, compensation, allowances, percentages, charges and costs, except as otherwise provided by law. The sheriff and his deputies.shall,- however, be entitled to collect. and retain_such - - mileage and expense allowances as may be payable according to law for returning or transferring prisoners and insane persons to or from points outside the county." Hence, the statutes specifically provide for such expense allowance and the Sheriff of Sumter County is entitled thereto. It is hoped that the above conclusions are sufficient in the premises. Sincerely, CHARLES A. GRADDICK - Atto y General by- Ran ph r. Lurie Assistant Attorney General RGL:cd