Filed Date: 9/13/1971
Status: Precedential
Modified Date: 7/6/2016
COUNTY SUPERINTENDENT OF SCHOOLS — PROHIBITION AGAINST RECEIVING COMPENSATION AS PROJECT DIRECTOR A Title III project budget may not be approved by the State Department of Education if such budget includes any additional compensation to be paid to the County Superintendent and/or Deputy County Superintendent acting in any capacity pursuant to the special project and thereby concurrently performing the regulatory duties pertaining thereto and receiving statutory compensation for the performance of such regulatory duties of the office of the County Superintendent of Schools. The Attorney General has considered your opinion request wherein you asked the following questions: "1. May the Title III project budget be approved by the State Department of Education if such budget includes an amount up to $4,200.00 to be paid to the County Superintendent of Tulsa County as project director or co-director while also serving as Superintendent, performing the regulatory duties pertaining thereto and receiving statutory compensation for the performance of such regulatory duties. "2. May the Title III project budget be approved by the State Department of Education if such budget includes funds to be paid to the Deputy County Superintendent of Tulsa County as project director or co-director while also serving as Deputy Superintendent, performing the regulatory duties pertaining there and receiving statutory compensation for the performance of such regulatory duties." Title 70 Ohio St. 3-3 [70-3-3] (1961) provides as follows: "The County Superintendent of Schools of each county shall receive from county funds the same salary and the same allowance for traveling expenses as is now provided by law,. . .and in addition he shall receive mileage, meals and lodging to professional meetings both inside and outside the State, providing further that such expense does not exceed the total amount set up in the County Superintendent's budget, and such salary shall be supplemented from State Funds by such amount of State aid as will provide a total compensation to the County Superintendent of Schools and will be equal to the salary that was provided by the State Aid Law (Article 18 hereof) for school district superintendent of schools with like qualifications and number of teachers under their supervision." A public officer is entitled only to that compensation which he is provided by law; and if he draws money from the public treasury, either for salary, fees, expenses or extra compensation, he must be able to point to some constitutional or statutory authority, expressed or implied, which authorizes the same, and if he cannot do so, said sums of money may be recovered by proper action, Shelton v. State,