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Attorney General

Bob Ferguson

AGO 1956 No. 287 - Jun 22 1956
Attorney General Don Eastvold


County board of education members are entitled to a mileage allowance set by said board even though in excess of the maximum set down for county officials by the board of county commissioners.

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                                                                   June 22, 1956

Honorable John Hancock
Prosecuting Attorney
Okanogan County
Hancock Building
Okanogan, Washington                                                                                                              Cite as:  AGO 55-57 No. 287

Dear Sir:

            In your letter of May 25, 1956, previously acknowledged, you advise that the county board of education has, by resolution, authorized an allowance of 8 cents per mile to reimburse board members their travel expense in private vehicles on official business.

            The board of county commissioners has approved the allowance of 7 cents per mile to all county officers for their official travel expense.  This maximum amount was fixed by resolution.

            You ask our opinion as follows:

            In view of the conflict in the two resolutions, are the members of the county board of education entitled to receive the higher travel allowance?

            We answer in the affirmative.


             [[Orig. Op. Page 2]]                                                            

            RCW 28.20.030 (1955 Supp.) provides as follows:                                                             

            "All members of the county board of education shall be reimbursed for their actual and necessary expenses, including the cost of travel, incident to the performance of their duties.  All such claimsshall be approved by the county board of education and paid from the budget of the county superintendent."  (Emphasis supplied.)

            RCW 36.32.120 provides in part:

            "The several boards of county commissioners shall:

            "* * *

            "(5) Allow all accounts legally chargeable against the county not otherwise provided for, * * *"

            It seems evident the statute first set out above makes other provision for the allowance of expense accounts of members of the county board of education.  The situation is analogous to the one involving the salaries of superior court judges where our supreme court held that salary claims need not be submitted to the board of county commissioners.  State ex rel. Lawler v. Grant, 178 Wash. 61.

            We conclude that the county board of education is not restricted in its mileage allowance by the maximum limit placed upon all county officers by the board of county commissioners.  The reimbursement is made to county board members out of the amount set aside for the county superintendent's budget.  Members of the county board of education are entitled to receive the higher travel allowance.

            We hope this opinion will be of assistance to you.

Very truly yours,

Attorney General

Assistant Attorney General