Gary, 062884 MSAGO, 19840628

• Case Date: June 28, 1984
• Court: Mississippi

Mr. Allen W. Gary, III No. 19840628 Mississippi Attorney General Opinions June 28, 1984          Mr. Allen W. Gary, III          County Administrator          Pike County          Magnolia, Mississippi 39652          Dear Mr. Gary:          Attorney General Pittman has received your letter of request and has assigned it to me for research and reply. Your letter states:

“I am writing to request your opinion on the legality of paying the following claim. Audit Department officials have advised the Pike County Board of Supervisors (see excerpt from audit report) that proper documentation must accompany a claim by elected oficials and county employees in order to be reimbursed for travel expenses. Former Pike County Sheriff, Richard Wilson, is asking the Board of Supervisors to reimburse him for use of his personal automobile. A copy of the claim and travel voucher request are attached. The request for reimbursement is three plus years after the time of use of his personal automobile. The Pike County Board of Supervisors would appreciate your opinion as to the legality of paying this claim.”

         Attached are copies of the claims, vouchers and audit report which are referenced in your letter.          As to reimbursement of travel expenses, Section 25-3-41, Mississippi Code of 1972 (Supp. 1983), provides in part:

When any officer or employee of the State of Mississippi, or any department, agency, or institution thereof, or of any county or municipality or of any agency, board or commission thereof, after first being duly authorized, shall be required to travel in the performance of his official duties, such officer or employee shall receive as expenses of such travel the sum of twenty cents (20) per mile for each mile actually and necessarily traveled when such travel is done by automobile or other private motor vehicle not owned by the State of Mississippi or a department, agency or institution thereof.

         In addition, Section 19-25-13, Mississippi Code of 1972 (Supp. 1983), provides in part:

. . . The board may authorize the reimbursement of the sheriff and deputies for the use of privately owned automobiles or other motor vehicles in the performance of official duties at the rate provided by law for state officers and employees, or may authorize the purchase by the sheriff of such motor vehicles and such equipment as may be needed for operation of the sheriff's office, such vehicles and equipment to be owned by the county. In counties

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