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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5892 May 7, 1981 TOWNSHIPS: Authority of park commission over parks Authority to initiate vote for increase in tax limitation Authority of township board over park lands Park property is subject to the management and control of the township park commission and the township board is without authority to direct that it be used for some other purpose. A township park commission is without authority to initiate a millage vote to fund its budget for maintenance of township parks. Honorable H. Lynn Jondahl State Representative The Capitol Lansing, Michigan You have requested my opinion as to the authority of a township park commission created pursuant to 1931 PA 271, Sec. 1; MCLA 41.441 et seq; MSA 5.271 et seq. Your questions may be phrased as follows: (1) Once a township park commission has been given park lands or lands to be used for parks and has assumed responsibility for that land, does the park commission have the authority to determine how that land will be used? (2) Specifically, where a township park commission has been given authority over park land and the township board might wish to use that same land for some other purpose than as park land, does the township board have the authority to use that land if the park commission does not concur with the decision of the township board? (3) In regard to the township park commission budget, does the commission have any authority to initiate a millage vote? A township park commission is created by a vote of the township electors pursuant to 1931 PA 271, supra, Sec. 1. Pertinent to your first inquiry is the authority conferred upon a township park commission by the Legislature in 1931 PA 271, supra, Sec. 2, which, in pertinent part, provides: 'The township park commission shall have authority to acquire, maintain, manage and control township parks and places of recreation, including bathing beaches, and shall have authority, in the name of the township, to condemn land for such purposes, in accordance with the condemnation laws of this state. . . . 'Such commission shall be authorized to accept, in the name of the township, gifts, grants and devises of land suitable for parks and places of recreation, and gifts and bequests of money, such money to be held in trust and used for the acquisition and improvement of land suitable for park and recreation purposes. . . .' (Emphasis added.) In OAG, 1979-1980, No 5670, p 668 (March 18, 1980), it was concluded: 'Since the township park commission is given the authority to maintain, manage and control the township parks and places of recreation, it follows that it has control over its employees and the duties they are to perform. This authority is subject however to the township board passing on the proposed budget of the township park commission as to its reasonableness and necessity. Thus, the township park commission operates the parks and controls its employees within the budget approved by the township board; see OAG, 1975-1976, No 5046, p 484 (June 10, 1976).' It is my opinion, therefore, that once a township park commission has acquired or has been given lands to be used for park purposes, that land is under the management and control of the township park commission. Addressing your second question, within the budget approved by the township board, the township park commission manages and controls the township park property. 1931 PA 271, Sec. 2, supra; OAG, 1979-1980, No 5670, supra. The township board is without authority to interfere with the operation of township park property by the township park commission. In response to your second question, it is my opinion therefore, that a township board does not have the authority to interfere with the use of land under the control of township park commission. Addressing your third question, townships and their various bodies may exercise only such powers as are prescribed by law. Const 1963, art 7, Sec. 17; Hanslovsky v Township of Leland, 281 Mich 652; 275 NW 720 (1937). 1931 PA 271, supra, Sec. 4, sets forth the method of funding a township park commission budget. 1931 PA 271, Sec. 4, supra, provides, in pertinent part: 'The township park commission shall submit to the township board at its annual meeting a detailed budget covering the cost of maintenance of the township parks and places of recreation of such township for the ensuing year, such budget not to exceed 1 and 1/2 mill on the assessed valuation of such township. The township board shall examine such budget and shall approve the entire budget, or such part thereof as such board shall deem reasonable and necessary, which sum shall be incorporated into the tax on such township. . . .' Although it should be noted that 1931 PA 271, supra, Sec. 5, does authorize a township park commission to submit to the voters of the township at the annual township meeting the question of the issuance of township bonds, the proceeds of which shall be used in the acquisition of township park and recreational land, the Legislature has not authorized a township park commission to initiate a millage vote to fund its operating budget for maintenance of the township parks. Therefore, in response to your third question, it is my opinion that a township park commission does not have the authority to initiate a millage vote for the purpose of funding its budget for maintenance of its park system. Frank J. Kelley Attorney General
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