49-206
Welfare
Cite as N.D. Op. Att'y Gen. 49-206
OPINION
49-206
August 4, 1949 (OPINION)
WELFARE
RE: Mileage of Members of County Board
Your letter of August 8, re mileage of members of the county welfare,
board, has been received and referred to my desk.
It seems clear to us that Chapter 50-01 makes members of the county
welfare board county officials. There is no doubt of this in our
minds. Chapter 297 of the Laws of 1949 provides that members shall
be paid legal mileage for necessary travel. This is an amendment to
the prior law which merely authorized payment to them of their actual
expenses. Under the new law they are entitled not only to actual
expenses, but to mileage. Chapter 121 of the Laws of 1949 provides
that the mileage of all county officers whether elective or
appointive shall be 7 1/2 cents per mile of actual travel.
The mere fact that section 11-1002 of the Revised Code does not
include members of this board in the list of county officers does not
in out opinion detract from the fact that they are county officials.
They certainly are not officials of the state, or the city, or
township. They are clothed with executive duties which formerly were
fulfilled by the board of county commissioners.
Therefore, it is our opinion that a member of the county welfare
board is entitled to be paid his actual expenses while performing
official duties and also mileage for actual and necessary travel, at
the rate of 7 1/2 cents per mile.
When a county commissioner is a member of the county public welfare
board and acting as such, it is our opinion that for his service as a
member of the board he is entitled to the same pay and the same
mileage as other members of the board.
WALLACE E. WARNER
Attorney General