AGO 81-040.

• Case Date: April 15, 1981
• Court: North Dakota

North Dakota Attorney General Opinions 1981. AGO 81-040. OPINION 81-40Date Issued: April 15, 1981 (AGO 81-40) Requested by: Richard C. Wilkes, Ward County Assistant State's Attorney

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QUESTIONS PRESENTED - Whether an elected county state's attorney must receive prior approval from the board of county commissioners before traveling out-of-state for continuing legal education purposes related to the office of state's attorney. Whether the board of county commissioners, by board resolution, has the authority to impose upon a state's attorney, when an appropriation for travel has been included in the state's attorney's budget, prior approval requirements for out-of-state travel.- ATTORNEY GENERAL'S OPINION - It is my opinion that an elected county state's attorney does not have to receive prior approval from the board of county commissioners out-of-state travel for continuing legal education purposes related to his office under section 11-10-16 of the North Dakota Century Code. It is my further opinion that the board of county commissioners, by board resolution, does not have the authority to impose upon a state's attorney prior approval requirements for out-of-state travel. - ANALYSIS - I. Section 11-10-16, N.D.C.C., clearly reflects that a county official does not need prior approval for out-of-state travel before an expense voucher can be submitted to the board of county commissioners. Section 11-10-16, N.D.C.C., states as follows:

OFFICIAL MUST FILE STATEMENT TO CLAIM MILEAGE. Before an allowance for mileage or travel expense may be paid by a county, the county official or his deputy for whose travel the same is claimed shall file with the county auditor an itemized statement verified by his affidavit showing the number of miles traveled, the mode of travel, the days of traveling, the purpose of travel, and the destination. The statement and affidavit shall be submitted to the board of county commissioners and the claim shall be approved by the board before it shall be allowed or paid.

The amount of money that shall be allowed and paid for mileage and travel expenses is governed by section 11-10-15, N.D.C.C., which states:

Unless otherwise provided by the laws of this state, every county official, whether elective or appointive, and every deputy of a county official, entitled by law to travel or mileage expense, shall be

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