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Public Officers
State Employees
Mileage
 

Where state employee drives his own car and
receives compensation pursuant to Chapter
373, Laws 1931, he may not accept additional
compensation from other state employees who
may ride with him, and such other state
employees may not receive from
state as expenses any amount so paid.

October 8, 1931.

THEODORE DAMMANN, Secretary of State.

Attention 0. C. Brandt, Auditor.

I quote your letter of October 5, as follows:

     An arrangement was entered into by three
     employees of a state department, as a
     matter of convenience, whereby one man
     was to furnish his car for state work
     and be reimbursed as per Chapter 373,
     laws of 1931, and the other two were
     to travel with him at the regular
     bus rates and paying the
     driver of the car.

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     When expense accounts were presented
     by the two men traveling with the owner
     of the car, charging regular bus rates,
     audit was refused by this department.

Your action in refusing audit on the amounts
paid to the owner of the car by other
state employees is proper.

Section 271.41, Stats., reads as follows:

     No judge, justice, sheriff or other
     officer whatever, Or other person to
     whom any fees or compensation shall
     be allowed by law for any service,
     shall take or receive any other or
     greater fee or reward for such
     service than such as shall be
     allowed by the laws of this state.

The employee who operated his car and
received compensation therefor was allowed
such compensation for the service so
rendered, and cannot lawfully take or receive
any is other or greater fee or reward for
such service than that specifically allowed
him under Chapter 373, Laws 1931.

The charge made by him to other employees
who rode with him being therefore unwarranted
and not lawfully receivable by him, cannot
be approved as a lawful disbursement
by said other employees.

Your, attention is further directed to the
provisions of Section 348.281, Stats.,
which reads as follows:

     Except as specifically authorized by
     statute, no officer or employe of the
     state shall, directly or indirectly,
     receive any or accept any sum of
     money, or anything of value, for
     the furnishing of any information,
     or performance of any service
     whatever relating in any manner
     to the duties of such officer
     or employe.

     Any person violating this section shall
     be punished by a fine of not less than
     twenty-five dollars nor more than one
     thousand dollars, or more than six
     months' imprisonment in the county
     jail, or by both such fine and
     imprisonment.

As above indicated, the operation of the car
was the performance of a service relating to
the duties of the employee in question, and,
under this statute, he was also forbidden
to receive or accept any sum of money or
anything of value for the performance
of that service.   SB
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