A school district may use school tax money to pay the membership fees and dues in service organizations for school administrators and teachers as part of their compensation. However, the payments may not begin during the term of an employment contract already in effect, but only at the beginning of a new contractual term.

SCHOOLS : TEACHERS: COMPENSATION: A school district may use school tax money to pay the membership fees and dues in service organiza- tions for school administrators and teachers as part of their compensation . However , the payments may not begin during the term of an employment contract already in effect, but only at the beginning of a new contractual term. OPINION NO . 30 January 21, 1974 Honorable Edward Stone , Jr. Missouri Senate , 26th District Room 419A , Capitol Building Jefferson City , Missouri 65101 Dear Senator Stone: FILE 0 ~(} This official opinion is in response to your request for a ruling on the following question: "May school tax money be used to pay for the membership fees and dues of school adminis- trators and the teachers who join service organizations such as Rotary , Lions , Opti- mists , D&PW , etc.? " This request is prompted by the fact that a school district in the territory you represent has voted to pay a maximum of $100 of members hip dues for each school administrator joining local service clubs . We do not believe that these expenditures can be justified as being for school purposes. The Missouri Constitution , Arti- cle IX, Section 5, states that public school money may be used "for establishing and maintaining free public schools, and for no other purpose whatsoever. " The payment of membership fees in service organizations on behal f of school administrators or teachers could have , at most, a very tangential benefit to the school system; perhaps it would slightly improve school-commun- ity relations. However, the spending on balance does not seem to comply with the constitutional mandate. Compare Special District v. Wheeler , 408 S.W.2d 60 , 63 (Mo . Bane 1966) (Arti- cle IX, Section 5, prohibits state aid to parochial schools); and Opinion 93 , Cox, September 9 , 1969 (school board may not use district funds to purchase liability insurance for the board's negligence); with Opinion 27, Dill , February 14 , 1972 (school district may pay for publicity in support of a bond issue). Honorable Edward Stone, Jr. The other pos!dl>lc iusti fic.ltion for til~' ~·xpcnditurf' j s ~s p;1rli<~l compcnsaLjon fo 1· t·hc school administr.tlors o t: lC3Ch L' I"S involved . This office ltas ruled several times that a s chool dis- Lrict may compensate its employees in ways other than by direct paychecks, and we have approved, as compensation, school district purchase of liability insurance for school bus drivers (Opinion 67 , Mallory, June 8 , 1972), and purchase of health and life in- surance for school employees (Opinion 305, Noren , June 17, 1971 , and Opinion 500 , Vanlandingham, November 18, 1969). Similarly, the General Assembly has enacted Section 105.710, House Bill 500 , 77th General Assembly , First Regular Session (1973), which gives certain officials the benefits of the Tort Defense Fund as part of their compensation. Under these principles, we believe that compensation may take the form of dues to service organiza tions. If, as part of the employment contract , the district and the school employee agree t hat the district shall pay the dues or membership fees of the e mployee in a local service organization, then the e xpen- diture would be proper , assuming, of course, that the contract is proper in all other respects . It s hould be noted that a district may not increase the compensation of any employee during the term of the employee's contract . Opinion 211, Belt , May 6 , 1970 ; Opinion 171 , Gralike , May 4 , 1971; and Opi nion 157 , Kenton , October 2 , 1973. There- fore if a person is hired on a multi- year contract, the school district may not begin paying that person's dues during the term of his contract, but must wait until a new contract is negotia ted upon the expiration of t he contract now in force . CONCLUSION It i s , therefore, the opinion of this office that a school district may use school tax money to pay the membership fees and dues in service organizations for school administrators and teach- ers us part of their compensation . However, the payments may not begin during the term of an employment contract already in effect, but only at the beginning of a new contractual term . This official opinion , wh i ch I hereby approve , was prepared by my assistant , Richar d E. Vodra. ~ro:u:y:s~ JOHN C. DANFORTH Attorney General - 2 - Honorable Edward Stone, Jr. Enclosures : Op. No. 211 5-6-70, Belt Op. No. 171 5-4-71 , Gralike Op . No. 157 10-2-73, Kenton Op . No . 93 9-9-69 , Cason Op . Ltr. No. 27 2-14-72, Dill - 3 -