STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 5816

November 17, 1980

APPROPRIATIONS:

Expenditure of appropriated funds by elected county officers without prior approval of county purchasing agent designated as chief administrative officer of the county

BUDGET:

Expenditure of appropriated funds by elected county officers without prior approval of county purchasing agent designated as chief administrative officer of the county

COUNTIES:

Board of commissioners--authority to appoint administrative assistant to board and combining position with county purchasing agent

Expenditure of appropriated funds by elected county officers without prior approval of county purchasing agent designated as chief administrative officer of the county

A county board of commissioners may create the position of administrative assistant to the board and combine it with the position of county purchasing agent, and such person may be designated chief administrative officer of the county.

A county board of commissioners may not require prior approval of the chief administrative officer for expenditure by elected county officials of authorized line-item budget appropriations, except that the board may require pre-expenditure notification to such officer (1) to ensure that such expenditure is within authorized budgetary limits and (2) to effectuate centralized county purchasing functions.

The Honorable John M. Engler

State Senator

The Capitol

Lansing, Michigan 48909

You have requested my opinion on the following questions:

Since your first two questions are related, they will be considered together. 1917 PA 307; MCLA 45.81 et seq; MSA 5.1151 et seq, provides for the purchase of all supplies, merchandise and articles for all county offices, departments and institutions, in counties with greater than 75,000 population which adopt the provisions of such act. 1917 PA 307, supra, Sec. 2, provides for the appointment of a county purchasing agent by the board of supervisors (now commissioners). ⁽¹⁾ However, 1851 PA 156, Sec. 13-a; MCLA 46.13a; MSA 5.335 provides:

Thus, the county board of commissioners, under the authority of 1851 PA 156, Sec. 13-a, supra, is authorized to appoint a county purchasing agent and such other representatives, agents and employees of the county as it may determine to be necessary.

It should also be noted that there is no statutory prohibition preventing the same person from occupying both positions. As noted in OAG, 1943-1944, No 0-982, p 455 (July 12, 1943), the county board of commissioners may appoint a person to perform various duties provided for in this section. See also OAG, 1947-1948, No 808, p 745 (June 23, 1948).

It is my opinion, therefore, in answer to your first two questions, that the county board of commissioners may appoint an administrative assistant to the board and may provide that its administrative assistant shall serve as county purchasing agent.

Turning to your third question, county boards of commissioners possess both legislative and administrative powers. Const 1963, art 7, Sec. 8; Wayne County Jail Inmates v Wayne County Sheriff, 391 Mich 359; 216 NW2d 910 (1974); Crain v Gibson, 73 Mich App 192, 200; 250 NW2d 792 (1977) lv den 400 Mich 828. The power to appropriate money is exclusively legislative in character. Civil Service Commission v Auditor General, 302 Mich 673; 5 NW2d 526 (1942).

Const 1963, art 7, Sec. 4, creates certain county offices as constitutional offices, and the officers therein specified, as well as other county executive officials, are charged by Const 1963 and statute with the duty of administering offices within county government. Powers possessed by counties and their officials are those expressly conferred by Const 1963 or statute, or by necessary implication therefrom. Crain v Gibson, supra, 73 Mich App 192, 200, citing Alan v Wayne County, 388 Mich 210; 200 NW2d 628 (1972).

The county board of commissioners, acting as the legislative body, is obligated to maintain by appropriation the county offices and agencies created by Const 1963 and statutes. In making such appropriations, the county board of commissioners may attach appropriate conditions governing use of county funds, so long as sufficient funds are budgeted to enable county officers and agencies to perform their constitutional and statutory duties and obligations. See Wayne County Prosecutor, et al v Wayne County Board of Commissioners, 93 Mich App 114, 121-122, 124; 286 NW2d 62 (1979). ⁽²⁾

1851 PA 156, Sec. 11, as last amended by 1978 PA 629, MCLA 46.11; MSA 5.331 prescribes the general powers of county boards of commissioners. Section 11(j) provides that the board of commissioners may

Section 11(m) provides the board of commissioners may

The Uniform Budgeting and Accounting Act, 1968 PA 2, as last amended by 1978 PA 621; MCLA 141.421 et seq; MSA 5.3228(1) et seq, is a general law of the state. 1851 PA 156, Sec. 11(m), supra. 1968 PA 2, supra, Secs. 14-20a, as added by amendatory 1978 PA 621, provide a uniform budgeting system for local units of government. ⁽³⁾ Broad powers of budgetary formulation and control are conferred by 1968 PA 2, Secs. 14-20a, supra, upon the chief administrative officer of the county. 1968 PA 2, supra, Sec. 2b(3) defines 'chief administrative officer' in a county as:

Thus, under 1968 PA 2, Sec. 2b(3)(f), where a county has not adopted the optional unified form of county government, and where such county has not created the office of county controller pursuant to 1851 PA 156, supra, Sec. 13b, the county may designate an individual as the chief administrative officer. In such instance, the county purchasing agent, appointed pursuant to 1851 PA 156, Sec. 13-a, supra, may be designated as the chief administrative officer. ⁽⁴⁾ 1968 PA 2, supra, Sec. 14(1) provides:

1968 PA 2, supra, Sec. 15(1) provides that the recommended budget shall include certain information, including:

1968 PA 2, supra, Sec. 16, states:

1968 PA 2, supra, Sec. 17, provides a procedure to accomplish budgetary reductions during a fiscal year. See also 1968 PA 2, Sec. 16(6), supra; OAG, 1943-1944, No 24677, p 256 (February 1, 1943) (expenditures in excess of existing funds and anticipated revenue are illegal); OAG, 1947-1948, No 0-5328, p 145 (January 16, 1947) (appropriations reduction during a fiscal year shall not impair contractual obligations); Wayne County Prosecutor, supra.

1968 PA 2, supra, Sec. 18(3), provides:

1968 PA 2, supra, Sec. 19, states:

It is apparent that no provision of 1968 PA 2, supra, and, in particular, sections 18(3) and 19 thereof, supra, authorize the county board of commissioners, in adopting a general (or non-mandated line-item) appropriation act, to require elected county officials or other administrative officers of budgetary centers, to seek permission of the chief administrative officer or fiscal officer of the county in expending designated 'line-items' within an approved budget. This conclusion is applicable in instances where the county purchasing agent is designated by a board of commissioners as the 'chief fiscal officer', pursuant to 1968 PA 2, Sec. 2b(3)(f), supra. Such requirement of seeking pre-expenditure permission would not only contravene the provisions of 1968 PA 2, supra, but would also violate the separation of powers doctrine embodied in Const 1963, art 3, Sec. 2. See Wayne County Prosecutor, supra, 93 Mich App 114, 121; 1851 PA 156, Sec. 11(m), supra.

However, a fair reading of 1968 PA 2, Sec. 19(1), supra, would authorize the county board of commissioners to provide in its appropriation act that elected county officials or other department heads shall notify the county purchasing agent prior to expenditure of a designated 'line-item', in order to ensure that the expenditure is within authorized budgetary limitations (1968 PA 2, Sec. 14(1), supra) and to facilitate economic centralized county purchasing. ⁽⁶⁾ However, while such notification is proper, a requirement that the county purchasing agent approve a designated line-item expenditure is invalid. ⁽⁷⁾

Therefore, in response to your third question, a county board of commissioners may not require elected county officials or department heads to seek permission of the county purchasing agent prior to expending designated line-items in their approved budget, although prior notification of the county purchasing agent in advance of such approved expenditure for the purpose of (1) ensuring that the expenditure is within authorized budgetary limits and (2) effectuating centralized county purchasing functions may be required by proper appropriations language.

In view of the answer to your third question, a response to your fourth question is unnecessary.

Frank J. Kelley