46-193
Officers
Cite as N.D. Op. Att'y Gen. 46-193
OPINION
46-193
December 9, 1946 (OPINION)
OFFICERS
RE: Bond of Deputy County Treasurer - Premium Paid by County
This is in reply to your letter of December 6, 1946, addressed to the
attorney general, in which you inquire whether a county treasurer
must personally pay for the official bond of his deputy.
I wish to refer you to sections 26-2305 and 26-2308 of the 1943
Revised Code, which should be read together. Section 26-2305
provides that before any public employee shall assume his duties, the
state auditor, county auditor, city auditor, village clerk, township
clerk, or school district clerk, as the case may be, shall report to
the commissioner in such manner and form as the commissioner shall
prescribe, the election or appointment of such public employee, and
the amount of the bond required of him, and shall remit with such
report by check, draft, or express or postal money order the premium
required. When such report is made, the particular employee or
officer is automatically insured as provided by section 26-2308. You
will note that the statutes refer to every public employee and
section 26-2305 includes both the election and appointment of the
public employee.
Since a deputy county treasurer is a public employee, it is the
opinion of this office, therefore, that when sections 26-2305 and
26-2308 are compiled with the deputy is properly bonded and the
premium should be paid by the county.
NELS G. JOHNSON
Attorney General