(1971)

WILLIAM LEITSCH, Corporation Counsel, Columbia County

You have inquired whether the clerk of court for Columbia County can retain for his personal use the $2 application for United States passport fee, where the county board has provided that he be compensated by annual salary in lieu of all fees and has by resolution provided that all fees collected by him shall be remitted to the county and become the property of the county.

I am of the opinion that, unless the resolution referred to the passport fees and specifically permitted the official to retain them for his personal use, such fees are…