February 6, 1981
Subject:
Licenses and Licensing; Occupational Licensing Boards; Necessary and Proper Expenditures.
Requested By:
Mr. Edward Renfrow State Auditor
Question:
Is the Board of Medical Examiners of the State of North Carolina authorized to expend funds for meals for wives at official Board functions, for alcoholic beverages at social hours, and for a party for the Board members, wives and guests and staff members at the home of the Chairman?
Conclusion:
No. Such expenditures are not proper and necessary expenses in discharging official duties of the Board and therefore are not authorized.
By letter of January 7, 1981, the State Auditor advised that the Board of Medical Examiners expended funds for meals for wives at official Board functions, for alcoholic beverages at social hours and for a party for the Board members’ wives, guests and staff members at the home of the Chairman. The Auditor requested an opinion as to the propriety of these expenditures by the Board.
- G.S.
- 93-5 provides for compensation and travel expenses of Board members. Subsection (d) expressly limits the compensation to that authorized by that section for each day while "engaged in the official business of the Board" and reimbursement for "necessary" travel expenses and for convention registration fees. Subsection (d) prohibits any additional compensation to Board members.
- G.S.
- 90-15 provides for the payment of expenses of the Board. That statute clearly limits the expenditures by the Board to "proper and necessary expenses" in the discharge of the official duties of the Board. "Necessary expenses" refers to the ordinary and usual expenditures reasonably required to enable the Board to properly perform its official duties. Horton v. Redevelopment Commission, 259 N.C. 605, 610. This Office is of the opinion that the expenditures in question are not reasonably required to enable the Board to properly perform its official duties. Therefore, as the expenditures are not necessary and proper in the discharge of the official duties of the Board and they are not otherwise authorized by G.S. 93B-5, such expenditures by the Board are not authorized.
Rufus L. Edmisten Attorney General
Eugene A. Smith Senior Deputy Attorney General