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2011 Montana Attorney General Reports and Opinions 1 (2011)

handle is hein.sag/sagmt0021 and id is 1 raw text is: VOLUME NO. 54

ATTORNEYS GENERAL - Attorney General not bound to follow prior district court
opinion;
COUNTY OFFICERS AND EMPLOYEES - County Superintendent of School not
entitled to receive hourly fees in addition to salary for serving as substitute in another
county;
EXPENSES - County Superintendent of School not entitled to receive hourly fees in
addition to salary for serving as substitute in another county;
FEES - County Superintendent of School not entitled to receive hourly fees in addition to
salary for serving as substitute in another county;
PUBLIC OFFICERS - County Superintendent of School not entitled to receive hourly
fees in addition to salary for serving as substitute in another county;
SUPERINTENDENTS OF SCHOOLS - County Superintendent of School not entitled to
receive hourly fees in addition to salary for serving as substitute in another county;
MONTANA CODE ANNOTATED - Sections 2-2-104(3)(a), 2-15-501(7), 7-4-2511(2),
20-3-203(1), -210, -211, -212, (1), (2);
OPINIONS OF THE ATTORNEY GENERAL - 45 Op. Att'y Gen. No. 14 (1993),
41 Op. Att'y Gen. No. 33 (1985).
HELD:      A county superintendent of schools is not allowed to charge an hourly fee
for performing services as a substitute superintendent under Mont. Code
Ann. § 20-3-211.
January 18, 2011
Ms. Kristin Hansen
Chief Deputy Hill County Attorney
315 Fourth Street
Havre, MT 59501
Dear Ms. Hansen:
[Pl] You have requested an opinion of this office on the question of the ability of a
county superintendent of schools to charge hourly fees in addition to her salary when

OPINION NO. 1

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