Opinion Letter to The Honorable Philip R. Pruett

JOHN t\SHCROFT (3l•l) 7!;;1··3321 ATTORNEY (:,f-:f-IEF~AL 65101 May 16, 1979 OPINION LETTER NO. 35 The Honorable Philip R. Pruett Prosecuting Attorney H.i.ssissippi County Post Office Box 449 Charleston, Missouri 63834 Dear Mr. Pruett: This letter is in response to the following question asked by your predecessor, Hr. Edward C. Graham: "Can. tlu:; sheriff receive mileage for serviru::; ~:.varrant even though 0 (',.''""T'·'l·· '·Ya· ·r·J····c•nt··c .,,.,. .. ," "'"""rV-'"d at ·tl1e "arne 4.') -· v ··-~ "- '. t ' \t, . ~ - ( 1,. ;;:> (.J,. J:..- t;_~ .._p ..... ' - c . 0 location'? 11 You also state: n1·{iss:issi.ppi County has a state vJeight station cnt .. I·-57. The present procedure for the highway patrol to make arrests and sign their usual ticket citing the violation, The Miss:Lssippi County sheriff or deputies go to the weight station from the His::::issippi County courthouse and ser:ve a. ;,;rarrant on each violator. Bonds are at the weight station. The cedure is for the sheriff or deputy to serve several warrants at once. Mileage is claimed by the sheriff or dep·uty for the full round trip on each v.;arrant return. 11 Section 57 .1+30, RSHo Supp. 19 7 5, provides: "1. In addition to the salary provided in ::;ection:.:; 57.390 cmd 57. Lj.OO, the county The Honorable Philip R. Pruett court shall allow the sheriffs and their deputies, payable at the end of each month out of the county treasury, actual and necessary expenses for each mile traveled in serving warrants or any other criminal process not to exceed fifteen cents per mile, and actual expenses not to exceed fifteen cents per mile for each mile traveled, the ma.xirnum amount allox;vable to be three hundred dollars during any one calendar month in the~ perfonnance of their official duties in connection with the investigation of persons accused of or convicted of a criminal offense. When mileage is allmved, it shall be computed from the place where court is usually held, and when court is usually held at one or more pL=tces, such milea,ge :::hall be computed f:rom the place from which the sheriff or deputy sheriff travels in performing any EH:;rv:Lce. V.H1en tl-,70 or more persons 11,Jb.o are summoned, subpoenaed, or served with any process, writ, or notice, in the same Rction, live i.n the same general direction, mileage shall be allcTtAred only for EJUmmoning, subpoenaing or serving of the most remote. "2. At the end of each month, the she:dff and each deputy shall file with the county court an accurate and itemized statement, in writing, [3hov-Ting in detail the miles traveled by such officer, the date of each trip, the nature of the business engaged in during each trip, and the plac:es to and from vJhich he has traveled. Such statement shall be signed by the officer making claim for reimbursement, verified by his affidavit, and filed by him with the county court. 1 _ hiJ:1cnever claim for reimbursement is made by a deputy, his statement shall also be approved in writing by the sheriff. The county court shall examine every claim filed for reimbursement,, and if found correct, tb.e county shul1 pay tc· the offi.·· cer entitled thereto, the amount fqund due as mileage.~~ -· 2·- The Hono:cablc Pbilip R" Pruett It is quite clear that of fifteen cents for actual mile traveled, as provided. this section provides for a mileage. this section allows a maximurn and necessary e.xpenses for each Likewise, it is clear that detailed itemization of the Therefore, it is our view that the sheriff cannot claim mileage for serving more than one warrant where sev<~ral warran.ts are served at the same time at the same location. -3-