January 22, 1975
Mr. Ronald D. Campbell
Hand County State's Attorney
Miller, South Dakota 57362
OFFICIAL OPINION NO. 75-2
County official travel expenses
Dear Mr. Campbell:
You have asked for an official opinion based on the following factual situation:
County A has recently passed a resolution limiting county officials to $10 per night for room expenses while out of town on official business or attending educational conferences. The states attorney, upon receiving prior authorization, attended an education conference in Sioux Falls, South Dakota, and submitted as part of his expenses, a voucher, duly substantiated by a receipt from a motel, a request for reimbursement in the amount of $14.56 as his actual expenses for his room for one evening. The county commissioners of said county reduced his claim by the sum of $4.56 pursuant to their resolution allowing him a maximum of $10 per night.
Based on the above factual situation you request an opinion as to whether or not county commissioners may provide by resolution that county officials are to receive less than their necessary expenses while attending authorized meetings pursuant to SDCL 7-7-25 and 7-7-26.
SDCL 7-7-26 provides that no travel expenses shall be allowed against the county unless authorized and approved by the county commissioners prior to the convening of any such meeting for which travel expenses are desired. Based on the fact situation you present such prior approval was requested and received. It is my opinion that once the county commssioners approve official travel pursuant to the first sentence of SDCL 7-7-26, the county is by statute obligated to pay the actual necessary expenses incurred by county employees who travel reasonably on behalf of county business. It is further my opinion that in this particular instance the amount of $14.56 as actual and necessary expenses for one room for one evening in Sioux Falls while on official business is an expense that the county should pay in full. If the county is concerned about excess spending on official travel expenses, they do of course have the ultimate authority to allow or refuse a county official to charge future travel expenses to the county. However, once the county commissioners approve official travel, SDCL 7-7-26 provides they shall pay actual necessary expenses.
Respectfully submitted,
WILLIAM J. JANKLOW
ATTORNEY GENERAL
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