Alabama Attorney General Opinion 1979-0086

'OFFICE OF THE ATTORNEYtENERTEL (79- ocova LEE L. HALE DEPUTY ATTORNEY CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA ADMINISTRATIVE BUILDING 64 NORTH UNION MONTGOMERY, ALABAMA 76130 AREA (201).434-6150 WILLIAM M. BERLINS, JR. EXECUTIVE ASSISTANT S TURNER CHIEF ASSISTANT ATTORNEY GENERAL JANIE NOBLES • ADMINISTRATIVE ASSISTANT February 20, 1979 Honorable James F. Glasgow Sheriff Shelby County P. 0. Box 1095 Columbiana, Alabama 35051 Shelby County-Sheriff-Expense Allowance Expense allowance provided for Shelby County Sheriff is in addition to salary. Dear Sheriff Glasgow: Your letter of January 22, 1979 requested an opinion on the following question: "Is the expense allowance provided by Act No. 1188, 1975 Acts of Alabama, page 2319, to be paid in addition to the sheriff's salary?" Section 1 of Act No. 1188 provides: "The Shelby County Commission is au- thorized at its discretion to provide an additional expense allowance in an amount not to exceed $2,600 per year to any of the following: the judge of the inferior court, the circuit clerk, the probate judge, the sheriff, the tax assessor, and the tax collector, and an,expense allowance of $1,200 per Honorable James F. Glasgow February 20, 1979 Page Two year to each member of the Shelby County Commission, including the Chairman; and the Shelby County Commission shall determine when the payment of any such expense allowance shall commence. Said expense allowances shall be in addition to any compensation and allowances heretofore prescribed by law and shall be payable in equal monthly installments from the general fund of the county. This provision provides that the County Commission may, within its discretion, provide an expense allowance not to exceed $2,600 per year to the sheriff in addition to his salary and allowances heretofore provided by law. Act No. 538, Acts of Alabama, page 596 has no effect upon this expense allowance. 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, ex- cept as otherwise provided by (emphasis added) If this office can be of any further assistance to you, please do not hesitate to contact us. Sincerely, CHARLES A. GRADDICK Attorney General By- WILLIAM T. STEPHENS Assistant Attorney General WTS:bb