November 5, 1985

Mr. C. D. Kell 
Jones County State's Attorney 
Post Office Box 485 
Murdo, South Dakota 57559

OFFICIAL OPINION NO. 85-48

Sheriff's eligibility to receive a reward

Dear Mr. Kell:

You have requested an official opinion from this office based on the following factual situation:

FACTS: 

The Jones County Sheriff recently secured a deserter from the military and turned him over to the military authorities.  Since, then, he has received a check from the military authorities in the sum of $50.00, designated 'Reward.' 

SDCL 7-12-19.1 requires the Sheriff to remit to the Treasurer all fees collected and SDCL 7-12-25 requires the Sheriff to remit the fees to the County Treasurer to be placed in the General Fund. 

Both of the above statutes indicate the fees charged for services performed by the Sheriff, and the amount received above indicated is not something that is charged but is a reward remitted to the Sheriff by the military authorities.

Based on the above facts, you have asked the following question:

QUESTION: 

Should the Sheriff turn the $50.00 over to the County Treasurer under the above statutes or any other applicable statute or may he retain the $50.00 for his own purposes?

SDCL § 7-12-19.1 provides:  

Any person who is charged any fee and traveling expenses by a sheriff shall make payment to the county sheriff including, but not limited to, the fees provided in §  7-12-18.  The sheriff shall keep a record of all fees collected and remit the fees to the county treasurer prior to the fifteenth day of the following month.

SDCL  § 7-12-25 provides: 

The sheriff is hereby authorized and directed to remit to the county treasurer all fees collected for deposit in the county general fund.

As stated in your facts, the foregoing statutes only apply to the disposition of 'fees' and not to the disposition of 'rewards.' Therefore, § § 7-12-19.1 and 7-12-25 are not directly relevant to your question.

Your question must be answered as a matter of policy.  It is my opinion that a sheriff may not personally benefit by personal receipt of a reward, when the reward is earned by the sheriff in performing duties which are expected of a sheriff.

Moreover, a county should not financially benefit, when a sheriff cannot, from a reward paid by the federal government to a sheriff for doing what a sheriff is expected to do.

It is, therefore, my opinion that the reward be returned to the federal government or, if the federal government insists on paying, the reward be given to the public charity of the county commission's choice or returned to the  federal government to reduce the national debt.

Respectfully submitted,

Mark V. Meierhenry
Attorney General