Alabama Advisory Opinions May 04, 2007: AGO 2007-092 (May 4, 2007)

AGO 2007-092.

Dear Ms. Hearn:

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

May the members of the Baldwin County Board of Registrars ("Board") consider the courthouse nearest his or her home as home base for travel and expense purposes, or must the board members name Bay Minette as home base strictly because it is the county seat?

Your request states that the Board consists of three members. You further state that Baldwin County has two satellite courthouses in Foley and Fairhope, in addition to the courthouse in the county seat of Bay Minette. This Office understands that each registrar works out of the courthouse closest to the registrar's home and that one registrar works at each courthouse. Your question relates to the occasions when the registrars at the satellite courthouses must travel to the courthouse in Bay Minette for the full board to meet.

Section 17-3-5(a) of the Code of Alabama provides for the reimbursement of registrars for travel and other expenses. This section provides as follows:

Each registrar shall receive a mileage allowance equal to the amount allowed state employees or employees of the county, whichever is greater , for official travel in the course of attending the business of the board, including attending continuing education programs. Travel and other expenses shall be paid by the county commissions to the boards of registrars and the state shall reimburse the county commissions based on a written request submitted by the county commissions to the state Comptroller.

This Office has explained that, according to the travel policy of the Administrative Office of Courts, "judges serving more than one courthouse in a circuit must determine which courthouse shall be their `home base.'" Opinion to Judge Lewis H. Hamner, Randolph County Circuit Court, dated January 13, 1999, A.G. No. 99-0080 at 4. The Hamner opinion stated the rule that "mileage is calculated as the number of miles from `home base' to the destination and return, or for miles actually traveled from home to the destination and return, whichever is less. See Attorney General's Opinion to Honorable William Dillard, Jr., dated January 7, 1980, A.G. No. 80-00144." Id .

In restating this rule regarding reimbursable mileage to members of the Baldwin County Board of Equalization, this Office characterized "home base" as follows: "When the duties of the board member require travel to some site away from the usual place of business (in this case, the courthouse), mileage may be paid from the courthouse to the other site, or from the member's home to the other site, whichever is the least." Opinion to Honorable Locke W. Williams, Clerk/Treasurer, Baldwin County Commission, dated February 17, 1995, A.G. No. 95-00121 at 3-4 (emphasis added) (citing opinion to Honorable Richard J. Federinko, President, Southern Union State Jr. College, dated August 18, 1986, A.G. No. 86-00326). Therefore, in this case, it is not the courthouse closest to the particular registrar or the county seat that is the determining factor; it is the courthouse that is the usual place of business for that registrar.

This Office has consistently stated that the board of registrars supervise themselves. Opinions to Honorable Lesley Vance, Member, House of Representatives, dated July 1, 2004, A.G. No. 2004-171 (the board members in each county determine the work schedules for the individual board members); Honorable William J. Benton, Jr., Attorney, Russell County Commission, dated April 21, 2004, A.G. No. 2004-124 (probate judge has no supervisory authority over the county boards of registrars); Honorable Jerry C. Pow, Probate Judge, Bibb County, dated April 7, 2004, A.G. No. 2004-112 (no person or official is authorized to review, approve, or supervise the number of hours that a registrar must work, except the registrars themselves).

Accordingly, the Baldwin County Board of Registrars may set the home base for each registrar. The Board is cautioned that the decision may not be made by each individual registrar, but must be made like other business by majority vote of the Board. Opinion to Honorable William R. Popwell, Chairman, Chilton County Board of Registrars, dated August 24, 2005, A.G. No. 2005-186 (approval by a majority of the board of registrars of scheduling voter registration appointments at high schools or other locations is required before a registrar may collect travel and other expenses for those appointments).

The Baldwin County Board of Registrars may determine which of the three courthouses in the county is the home base for each registrar.

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

Sincerely,

TROY KING

Attorney General

By: BRENDA F. SMITH

Chief, Opinions Division

TK/GWB

257468/104459