Alabama Advisory Opinions July 15, 2010: AGO 2010-80 (July 15, 2010)

AGO 2010-80.

Dear Mr. Yates:

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

Based on my attendance and instruction at the election training school, what is the total compensation for my services [as absentee election manager] based upon sections 17-11-14 and 17-8-12 of the Code or other relevant statutes or local acts?

In your letter of request, you indicate that during the 2010 primary, general, and any runoff elections, you will serve as the absentee election manager in Etowah County. You also indicate that you will attend and give instruction to election officials and poll workers at election training schools offered for these elections.

You later advised that you submitted a proper request for compensation to the Etowah County Commission for your service as absentee election manager in the 2010 primary election. A copy of your request for compensation, including a certification by the Etowah County Probate Judge and Sheriff that you instructed at local election schools prior to the 2010 elections, was submitted as well. You further advise that the commission has only agreed to pay $100 per day instead of the $125 per day asked for in your request for compensation.

According to section 17-11-2 of the Code of Alabama, "[t]he absentee election manager or circuit clerk shall be entitled to the same compensation for the performance of his or her duties as is provided in Section 17-11-14." Ala. Code § 17-11-2 (2006). Section 17-11-14 sets the rate of compensation at $50 per day, or in the amount of an inspector pursuant to section 17-8-12, whichever is higher. Therefore, the proper rate of compensation for the absentee election manager should be that of an inspector if that amount is greater than $50 per day.

Section 17-8-12(a) set the compensation for an inspector at a base rate of $50 per day. Section 17-8-12(b) provides for an additional $50 per day in compensation for a total of "at least one hundred dollars ($100) per day." Ala. Code § 17-8-12(a) (2006). Finally, section 17-8-12(b) provides for an additional $25 per day payable to the inspector for persons completing or teaching at a local election school. See, also, opinion to Honorable Billy Yates, Etowah County Circuit Clerk, dated May 7, 2007, A.G. No. 2007-094.

An inspector who has completed or taught at a local election school is entitled to compensation of $125 per day for his or her services as an election official. Based on the authority of section 17-11-14 setting compensation at $50 per day or in the amount of an inspector, whichever is higher, an absentee election manager who has also completed or taught at a local election school is entitled to the same compensation as an inspector-$125 per day.

Based on the language of section 17-11-14, is the Etowah County Commission responsible for making the initial payment to the absentee election manager at the rate determined in Question 1 above?

According to section 17-11-14, the compensation of the absentee election manager "shall be paid from the county treasury."

Section 17-11-14 clearly directs that the county commission is responsible for making the payment of any compensation due the absentee election manager.

Assuming that the answer to Question 2 is that the Etowah County Commission is responsible for making payment to the absentee election manager, is it the responsibility of the commission to seek reimbursement in the proper amount from the State of Alabama through the State Comptroller's Office?

Following the provision in section 17-11-14 directing that the commission compensate the absentee election manager from the county treasury, the statute directs that the county shall be reimbursed "as provided in Chapter 16." ala. code § 17-11-14 (2006). Election "expenses" are defined in section 17-16-2(2) to include "[t]he per diem provided by law for the clerk . . . acting in his or her stead for handling absentee ballots." Ala. Code § 17-16-2(2) (2006). In each of the Code sections in chapter 16 of title 17 concerning reimbursement of election expenses, the statute clearly directs that the "State of Alabama shall reimburse a county. . . ."(fn1) The clear language indicates that the county, as opposed to the absentee election manager, shall be reimbursed by the State of Alabama. See opinion to Honorable Billy S. Yates, Etowah County Circuit Clerk, dated May 7, 2007, A.G. No. 2007-094.

Any reimbursement of the expenses of the absentee election manager paid by the county should be from the State of Alabama through the State Comptroller's Office following a proper request for reimbursement by the county commission.

I hope this opinion answers your questions. If this Office can be of further assistance, please contact Eric Anderson, Legal Division, Administrative Office of Courts.

Sincerely,

TROY KING

Attorney General

By:

BRENDA F. SMITH

Chief, Opinions Division

TK/EA

993014/142360

1. Sections 17-16-3 and 17-16-5 except payments made pursuant to section 17-8-12. The reimbursement provisions in those statutes, however calling for reimbursement of one half the expances would still apply in this case. The method and procedure for compensating the absentee election manager is controlled by section 17-11-14 only to determine the rate of compensation of the absentee election manager if the compensation of the inspector is greater than $50 per day.