AGO 1989-075.

Case DateJune 19, 1989
CourtKansas
Kansas Attorney General Opinions 1989. AGO 1989-075. June 19, 1989ATTORNEY GENERAL OPINION NO. 89-75The Honorable Frank D. Gaines State Senator Sixteenth District Box 219 Augusta, Kansas 67010 Re: Schools--Food Service Programs--Acceptance of Benefits of Federal Acts; Administration of Programs; Legal Expenses Synopsis: Under the facts presented, legal expenses for prosecuting a civil action against unfaithful employees incurred by a Child Care Food Program institution were not necessary to the planning, organizing and managing of a food service, and therefore were not reimburseable. Cited herein: K.S.A. 72-5113; 7 C.F.R. §§ 226.2, 226.4 (1988). * * * Dear Senator Gaines: As State Senator for the Sixteenth District, you have requested our opinion regarding the use of Child Care Food Program (CCFP) funds for legal expenses. Specifically, you ask whether an institution receiving these funds may be reimbursed for legal fees incurred when the institution attempts to recover damages from unfaithful employees. The United States Department of Agriculture assists states through grants-in-aid for distribution to certain institutions providing nutritious food for children. On the state level, the federal program is administered by the state department of education. K.S.A. 72-5113. Institutions are reimbursed by the state agency for operating and administrative costs in connection with food service operations. 7 C.F.R. § 226.4 (1988). Operating costs are those expenses "incurred by an institution in serving meals to children under the Program, and allowed by the State agency financial management instruction." 7 C.F.R. § 226.2 (1988). Administrative costs are those "incurred by an institution related to planning, organizing, and managing a food service under the Program, and allowed by the State agency financial management instruction." 7 C.F.R. § 226.2 (1988). As a guide for determining whether certain costs are allowable, the department of agriculture issued FNS Instruction 796.2 (1983). The guidelines include general factors affecting allowability of costs, including the necessity and reasonableness of the expense for proper and efficient program administration. FNS Instruction, at page 5. Regarding legal expenses, the instructions state in relevant part:
"The cost of legal expenses required in the administration of the program is
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