Pennsylvania Advisory Opinions January 11, 1912: AGO 30

Advisory Opinion Text

PRIMARY ELECTION BILLS.

Services rendered by the clerks of county commissioners in re. primary elections may be paid by the State if the county commissioners have in fact paid the clerks for the services performed as extraordinary and outside of the usual services required from said clerks under the terms of their employment, i. e., in addition to their regular salaries.

Sir: Your favor of December 12th, 1911, was duly received.

You ask to be advised as to whether or not the county of Juniata can be paid the amount of the bill therein stated, amounting to $95.08, claimed to have been paid by the county commissioners to George B. Kramer, county commissioners' clerk, for services as shown by the itemized bill, in connection with the primary election of 1911, and also whether the county of Berks is entitled to be reimbursed by the Commonwealth for charges made by J. William A. Mattern, chief clerk of the county commissioners, and claimed to have been paid to him by the county for the services in your letter itemized and set out, in connection with the primary election of 1911, amounting to $134.34, and also whether the county of Berks is entitled to be reimbursed for similar clerical services rendered in connection with said primary election by other clerks in said county commissioners' office.

The Act of February 17, 1906 (P. L. 36), Section 9, provides:

"The County Commissioners shall keep an accurate account of the entire expenses of holding such primaries, including the preparation and delivery of supplies, voting materials, et cetera, and the total amount shall be paid, in the first instance, by the county treasurer, upon the order of the county commissioner. As soon as convenient thereafter, the county commissioners shall prepare an itemized statement of the amount go paid, verified by oath, and send the same accompanied by the receipted vouchers, to the Auditor General, who, if he finds the same correct, shall draw a warrant on the State Treasurer, for the proper county, for the amount so approved, which shall be paid by the State Treasurer out of the money in the State Treasury not otherwise appropriated."

The services itemized in your letter appear to be within the language of the act providing for the payment to the county of "the entire expenses of holding such primaries, including the preparation and delivery of supplies, voting materials, et cetera."

The only question is whether or not, the services having been performed by clerks already in the employ of the county commissioners, the county can be reimbursed.

This question depends upon the contract between the county commissioners and the clerks. If the county commissioners have in fact paid the clerks for the services performed as extraordinary and outside of the usual services required from said clerks under the terms of their employment, i. e., in addition to the regular salaries severally paid said clerks, then the counties, in my opinion, are entitled to be reimbursed, if, however, the counties have paid the several clerks the amounts of the bills rendered and have in fact deducted such amounts from, or charged the same against the regular salaries of the said clerks, the counties are not entitled to Reimbursement.

I therefore advise you that if you find the claims made by the several counties to be correct, and to have been paid by the county commissioners, in addition to the usual and ordinary salaries paid to said clerks, the counties are entitled to be reimbursed for such payment.

Very truly yours,

JNO. C. BELL, Attorney General