STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL
July 8, 1975
Mr. Edward Benton
Fall River County Commissioner
Edgemont, South Dakota 57735
OFFICIAL OPINION NO. 75-128
Meal expenses incurred by county commissioners
Dear Mr. Benton:
You have requested an opinion of the law in regard to the following factual situation:
Several of the county commissioners for Fall River County live outside the City of Hot Springs, where all commission meetings and other official business takes place. Those commissioners living outside the city contend that, in addition to receiving mileage expenses, they should be reimbursed by the county for meal expenses incurred while engaged in their duties at Hot Springs.
Your question is whether this contention is correct.
The compensation of county commissioners is governed by SDCL 7-7-3, which reads:
7-7-3. Compensation of county commissioners.- County commissioners shall be compensated at the rate of fifty dollars per month and in addition thereto shall be allowed, either in per diem or monthly salary, an amount totaling no more than the amount prescribed in § 7-7-5. The method of payment, whether per diem, or salary, shall be determined by the board of county commissioners in each county. If the per diem method is used, the county commissioners shall be allowed the sum of twenty-five dollars for each day they are actually and necessarily employed in the duties and business relating to county affairs and the duties of their office and in attending and returning from sessions of said board and mileage for the distance actually traveled in attending the meeting of the board, or when engaged in other official duties, to be paid out of the general county fund. If the salary method is used the county commissioners shall be paid an amount totalling no more then the amount prescribed in §7-7-5, in equal monthly payments, and mileage for the distances actually traveled in attending the meetings of the boards, or when engaged in other official duties, to be paid out of the general county fund.
This statute does not provide for the reimbursement of meal expenses.
In addition, county commissioners are allowed travel expenses as outlined in SDCL 7-7-4:
7-7-4. Mileage allowance for county commissioners.- The county commissioners shall be paid for traveling expenses for each mile traveled in the discharge of their official duties at the rate of ten cents per mile. For the purpose of this section, traveling expenses incurred by such officers to attend meetings in the state of South Dakota, called for the purposes of instructing or exchange of information pertaining to county officers and government, shall be considered miles traveled in the discharge of their official duties.
No provision is made in this statute for additional compensation for meal expenses. Accordingly, it is the opinion of this office that those county commissioners living outside Hot Springs should not be given additional compensation or reimbursement for the above mentioned expenses incurred while in the city performing their statutory duties.
Respectfully submitted,
William Janklow
Attorney General
WJJ:GJV:dk
cc/Miss Sherill A. Dryden
Fall River County Auditor
