Advisory Opinion No. 1996-12
High Sheriffs Use of
State-Paid Clerical Staff
In State Ethics Commission Docket No. 93-1, the Commission found
that a high sheriff was not entitled to use his state-paid secretarial staff to
perform clerical duties associated with his service of process, the
administrative expense of such service being his own, not the States,
responsibility. The petitioner has asked
how the above limitation on a high sheriffs use of state-paid clerical staff
affects the staffs performance of routine office duties, such as opening mail
which may contain requests for service of process, or responding to telephone
or in-person requests for such services. The Commission finds that the administrative office of a
high sheriff serves as an obvious focal point for persons seeking sheriff
services of all descriptions. As a result,
members of a high sheriffs state-paid administrative staff will inevitably and
appropriately be called upon to interact with the public in person, in writing
and by telephone, in connection with requests for service of process. However, the receipt of a request, as
described above, is distinguishable from the typing of a return and the
photocopying of documents, for which services a client pays specific fees, and
the preparation and processing of the bills which a sheriff or deputy sheriff
must generate in order to collect his or her fees. The former duties are inseparable from the
responsibilities of the administrative office of high sheriff and are properly
executed by state-paid staff. The latter
tasks are the responsibility of the sheriff or deputy sheriff who undertakes
the service of process, and the attendant expenses, including clerical
expenses, must be borne by the sheriff or deputy sheriff who profits thereby. By order of the Commission, David T. Nassef
Chairperson