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28-175. Disposition of fees and compensation not authorized to be retained by officers and employees. County officers and employees shall receive no compensation, tips, fees, mileage or salaries, which compensation, tips, fees, mileage or salaries are or shall be paid to such officer or employee directly or indirectly by reason of his or her performance of the duties or obligations of such county office or employment, unless such compensation, tips, fees, mileage or salaries are specifically allowed to them by law. All such compensation, tips, fees, mileage or salaries received, directly or indirectly by them or from their respective offices from any source whatsoever, which compensation, tips, fees, mileage or salaries would not have been received except for such officer's or employee's performance of the duties or obligations of such county office or employment, including all notary fees collected by any officer, deputy or clerk in any proceeding pending or to become pending, filed or to be filed in said office, not specifically authorized to be retained by them, shall be paid over on the first and fifteenth days of each month, or if either of said dates be a Sunday or legal holiday, then on the next secular day, to the county treasurer accompanied by a sworn statement in such form as the board of county commissioners may prescribe, to the effect that all compensation, tips, fees, mileage and salaries collected are correctly set forth therein. All such compensation, tips, fees, mileage and salaries shall be placed by said treasurer to the credit of the county general fund. Any compensation, fees or other income which are specifically authorized by law to be paid to any county officer or employee from public funds of the county may be retained by them. Any officer or employee receiving compensation, tips, fees, mileage or salaries from sources other than public funds of the county which compensation, tips, fees, mileage or salaries would not have been received except for such county officer's or employee's performance of the duties or obligations of his or her office or employment, shall be reported by such officer or employee to the county clerk on or before September 10 and on the 10th day of the month following each quarter year thereafter.

History: L. 1968, ch. 266, § 1; L. 1969, ch. 201, § 13; L. 1977, ch. 112, § 14; May 14.

Attorney General's Opinions:

County attorneys; prosecution in another venue; additional compensation. 88-50.

Provisions of diversion agreement; disposition of diversion fees. 89-105.

Retention of fees by county or district attorney. 90-7.

Libraries; use of tax levy proceeds. 92-47.

Johnson county park and recreation district; use of tax levy proceeds. 92-112.

County "pay and dismiss" policies for speeding violations are diversion and payments are fees; disposition of fees. 97-34.

Prosecution of violations of wildlife and parks laws and rules and regulations; disposition of attorney fees. 98-23.

Court may appoint a special prosecutor when district attorney's office is ethically disqualified from prosecuting a matter; county is responsible for attorney fees. 2003-4.

Sheriff may charge cities for the costs of incarcerating prisoners jailed on municipal charges in an amount equal to the costs of incarceration of county prisoners. 2012-10.


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