Alabama Advisory Opinions September 10, 1998: AGO 1998-218 (September 10, 1998)

AGO 1998-218.

Dear Mr. Bennich:

This opinion of the Attorney General is issued in response to your request.

Are members of the Morgan County Board of Registrars entitled to State pay at a rate of $60 per day for those days during which they are engaged in voter maintenance activities, assuming that the registrars do not utilize "special sessions" for such purposes?

Your request refers to an opinion to Honorable Johnny Flowers, Chairman, Perry County Commission, dated June 22, 1998, A. G. No. 98-00166, in which this Office determined that members of the Perry County Board of Registrars are entitled to $50 per day for special session days used for voter maintenance activities pursuant to section 17-4-188 of the Code of Alabama. The special session days used for voter maintenance activities by the Perry County Board of Registrars are in addition to the working days the Board is allowed to meet pursuant to section 17-4-156. The Perry County Board of Registrars is only allowed to meet a maximum of 120 working days. ALA. CODE § 17-4-156 (Supp. 1997). Board members are entitled to $60 per day for each "day's attendance upon business of the board." ALA. CODE § 17-4-153 (1995). Thus, the members of the Perry County Board of Registrars receive $60 for working days and $50 for special session days.

Unlike the Perry County Board of Registrars, the Morgan County Board of Registrars is authorized to meet more than 120 days. Section 17-4-156(d) provides in pertinent part:

(d) Each member of the board of registrars in the Counties of . . . Morgan are authorized to meet not more than five days each week for the purpose of carrying out their official duties.

As stated in your request, since the Morgan County Board of Registrars is authorized to meet five days each week, there is no need for the Board to meet in special session days pursuant to section 17-4-188 to conduct voter maintenance activities as does the Perry County Board of Registrars.

Since the Morgan County Board of Registrars meets five days each week pursuant to section 17-4-156 and the Board is not meeting in special session days pursuant to section 17-4-188, the Board members are entitled to $60 per day as authorized in section 17-4-153.

I hope this opinion answers your question. If this Office can be of further assistance, please contact Brenda F. Smith of my staff.

Sincerely,

BILL PRYOR

Attorney General

By: CAROL JEAN SMITH

Chief, Opinions Division

BP/BFS

B/8.98/f