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1962 Arizona Attorney General Reports and Opinions 1 (1962)

handle is hein.sag/sagaz0083 and id is 1 raw text is: November 24, 1961 Opinion No. 62-1 REQUESTED BY: Honorable Charles N. Ronan Mar'copa County Attcorney OPINION BY: ROBERT W. PICKRELL The Attorney General QUESTION: Must claims submitted for out-of-state travel by county employees be approved by the Governor before such claims can be paid? CONCLUSION: No. The applicable provisions of the Arizona Revised Statutes are set forth below: §38-621. Persons eligible to receive travel expenses The provisions of this article shall apply to every public officer, deputy or employee of the state, or of any department, institution or agency thereof, and to a member of any board, commission or other agency of the state when traveling on necessary public business away from his designated post of duty and when issued a proper travel order. §38-626. Travel without the state When the official duties or activities of a public officer or employee of the state or of any department, institution, commission, board or ot;her agency of the state necessitate traveling without the state, the travel order shall be countersigned by the governor and shall be authority for the state auditor to pay such claims from any funds available for such travel, but the authorization of the governor may be dispensed with when, by shortest practical routing, travel is necessary through adjoining states to reach remote areas of this state. It is possible that a construction of A.R.S. §38-621 would lead to the conclusion that all the provisions of Article 2, Chapter 4, Title 38 do not apply to county officials and employees. The stat- ute refers to every public officer, deputy or employee of the State. The provisions in §38-621 were added in the 1952 supplement to the 1939 Code. Prior to that time the statute referred only to public officers, and the statute was construed as applying to county of- ficers as well as State officers. However, we can arrive at the

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