-5385

OFFICE OF THE ATTORNEY GENERAL

OPINION MODIFIED

CHARLES A. GRADDIC
JAMES R. SOLOMON. JR. ATTORNEY GENERAL
DEPUTY ATTORNEY GENERAL
STATE OF ALABAMA
WILLIAM M. BEKURS. JR.
EXECUTIVE ASSISTANT

WALTER S. TURNER
CHIEF ASSISTANT ATTORNEY GENERAL AUG 3 1984 ADMINISTRATIVE BUILDING
64 NORTH UNION STREET
JANIE NOBLES MONTGOMERY.ALABAMA 36130
ADMINISTRATIVE ASSISTANT AREA (205) 834.5150

Honorable Rickey Stokes

Coroner
Houston County
P. O. Box 6406
Dothan, Alabama 36302
Coroners - Officers and Offices
Expenses - Counties
The opinion to Houston County
Coroner dated June 18, 1984,
authorized the County Commission
to pay a mileage allowance to the
Coroner. The furnishing of two-
way radio service is a matter to
be decided by the Coroner and the
County Commission.
Dear Mr. Stokes:
Your request for clarification of the opinion of the
Attorney General issued to you on June 18, 1984, has been
received and considered. That opinion stated that the Houston
County Commission may pay the County Coroner a mileage
allowance and in its discretion, the County Commission may
furnish the Coroner with two-way radio service.
The basis for this opinion was Section 2 of Act No. 84-393
of the 1984 Regular Legislative Session which states:
"The Houston County Commission shall
hereafter pay all necessary expenses
for the operation of the county coroner's
office from the county general fund.
Provided, however, that any expenditures
heretofore made by such commission in
support of such coroner's office, re-
troactive to October 1, 1970, are hereby
ratified and affirmed. Such coroner
Honorable Rickey Stokes
Coroner
Page Two

shall appoint a qualified deputy coroner

to serve in his absence and shall make
provisions for compensating such deputy
coroner for his services."

The above provision authorizes the Houston County

Commission to pay all necessary expenses for the operation of
the county coroner's office. As stated in an opinion of the
Attorney General found at Quarterly Report of the Attorney
General, Vol. 110, p. 9, the term "necessary" is not limited to
such things as are absolutely indispensable but includes all
such things that are proper; useful and suitable for the
purpose. In a definition of "necessary expenses" given in Words
and Phrases, Vol. 28, it was stated that although the term does
not imply expenses without which the purpose or office cannot
exist, it does imply a certain degree of exigency, the
essentials of economy and frugality and a definite quality.

As stated in the opinion of June 18, 1984, to you, the

Attorney General is of the opinion that Section 2 of Act No.
84-393 does not authorize an automobile to be furnished the
Houston County Coroner. However, a mileage allowance for
actual travel in the performance of the duties of the coroner
can be said to be a "necessary expense" of that office and is
to be paid by the Houston County Commission. The statement
that the mileage allowance "may" be paid by the County
Commission in the June 18, 1984 opinion was an authorization
for such allowance to be paid.
As to whether the providing of two-way radio service to
the coroner is a "necessary expense" of that office, it is a
matter which should be decided by the coroner and the County
Commission. Generally, provisions not relating to the essence
of the thing to be done are considered to be "directory" and
not "mandatory". Board of Education of Jefferson County v.
State, 222 Ala. 70, 131 So. 239 (1930). Therefore, the
conclusion of the opinion to you dated June 18, 1984, stating
that the providing of two-way radio service to the coroner is
within the discretion of the County Commission remains
correct.
Honorable Rickey Stokes
Coroner
Page Three

I trust that this sufficiently clarifies the opinion of

June 18, 1984, to you.
If our office can be of further assistance, please do not
hesitate to contact us.
Sincerely,
CHARLES A. GRADDICK
Attorney General
By:

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LYNDA K. OSWALD
Assistant Attorney General
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