Topics:

SHERIFFS.
DEPUTY SHERIFFS.

Summary conclusion

Under the provisions of Section 1 of House Bill No. 2624 of the 75th General Assembly (Section 57.295, V.A.M.S.) relating to uniform allowances of $25 per month for sheriffs and full-time deputy sheriffs who wear an official uniform in the performance of their duties, the county court has the discretion to determine whether or not such allowances shall be made to such officers and may make such allowances for such periods as the county court deems proper. However, the county court does not have the authority to vary the amount of the monthly allowances from that fixed by the act, nor to provide the allowance for one such officer to the exclusion of the other such officers.

January 9, 1970

Honorable George J. Pruneau
Prosecuting Attorney
Wayne County Courthouse
Greenville, Missouri 63944

Dear Mr. Pruneau:

This opinion is in response to your request for an interpretation of Section 1 of House Bill No. 261-1 of the 75th General Assembly which pertains to uniform allowances for sheriffs and full-time deputy sheriffs. That section has, been numbered as Section 57.295 by the Revisor of Statutes.

Your question is as follows:

"Does this Bill mean that it is at the discretion of the County Court as to whether or not a uniform allowance may be paid, or does it mean that the uniform allowance shall be paid and it is at the discretion of the County Court as to whether payment will be made monthly, on a salary warrant, etc."

Section 57.295 states:

"In each county of this. state the sheriff and each full-time deputy sheriff shall receive twenty-five dollars per month, as a uniform allowance, to be paid to him monthly out of the county treasury at the discretion of the county court. This allowance shall apply only to sheriffs and deputy sheriffs who wear an official uniform in performance of their duty."

The history of this legislation is interesting; that is, House Bill No. 26, Section 1, upon its introduction related only to such uniform allowances and did not contain any discretionary terminology. In its perfected form the bill stated that the money was payable monthly out of the county treasury "at the discretion of the sheriff."  The Senate Committee Substitute for the bill changed the language to "at the discretion of the county court" and this change, of course, was retained in final passage.

It is our view that it was the intent of the legislature to give the various county courts the option to pay out of the county treasury the uniform allowances as authorized by the provisions of the act. The court may make such allowances for such periods as the court deems proper. However, the terminology employed by the legislature shows that the legislature did not intend that the county court would have the authority to vary the amount of the monthly allowance or to make the allowance for one such officer of the county to the exclusion of the other such officers. The allowance, of course, only applies to such officers who wear an official uniform in the performance of their duties.

CONCLUSION

It is therefore the Opinion of this office that under the provisions of Section 1 of House Bill No. 264 of the 75th General Assembly (Section 57.295, V.A.M.S.) relating to uniform allowances of $25 per month for sheriffs and full-time deputy sheriffs who wear an official uniform in the performance of their duties, the county court has the discretion to determine whether or not such allowances shall be made to such officers and may make such allowances for such periods as the county court deems proper. However, the county court does not have the authority to vary the amount of the monthly allowances from that fixed by the act, nor to provide the allowance for one such officer to the exclusion of the other such officers.

The foregoing opinion, which I hereby approve, was prepared by my assistant John C. Klaffenbach.

Very truly yours,

John C. Danforth
Attorney General