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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. 6084 July 8, 1982 COUNTY BOARD OF COMMISSIONERS: Authority to fix salary of director for the county planning commission The county board of commissioners has the sole authority to fix the salary of the director of the county planning commission. Honorable Richard Fitzpatrick State Representative The Capitol Lansing, Michigan 48909 You have requested my opinion on the following question: Does the county board of commissioners or the county planning commission possess the authority to fix the salary of the director for the county planning commission? Const 1963, art 7, Sec. 8, provides: 'Boards of supervisors shall have legislative, administrative and such other powers and duties as provided by law.' 1851 PA 156, Sec. 11, as last amended by 1980 PA 334; MCLA 46.11; MSA 5.331, states in pertinent part: 'A county board of commissioners, (1) at a lawfully held meeting, may perform the following: '(i) Prescribe and fix the salaries and compensation of employees of the county if not fixed by law; . . .' Therefore, unless the salary of the director of the county planning commission is otherwise fixed by law, the county board of commissioners is authorized to prescribe and fix the salary. 1945 PA 282, as last amended by 1976 PA 92; MCLA 125.101 et seq; MSA 5.1192(1) et seq, Sec. 1, empowers a county board of commissioners to create and staff a county planning commission. The county planning commission may employ a director in accordance with 1945 PA 282, supra, Sec. 3, which provides: '[The] commission [county planning commission] may employ a director and such personnel as it may deem necessary, contract for the part time or full time services of planning and other technicians, and pay such other expenses within total funds provided for the commission, as may be deemed necessary. The appointment of employees shall be subject to the same provisions of law as govern other corresponding civil employees of the county. . . .' OAG, 1973-1974, No 4825, p 174, 175 (August 14, 1974) considered the authority of the county board of health to fix salaries for employees of the county board of health and stated: 'County health departments are created pursuant to 1927 PA 306; MCLA 307.201 et seq.; MSA 14.161 et seq. . . . 'Because the powers and duties of county health boards are those delegated to them by the legislature, they must be found in 1927 PA 306, supra, itself. Section 5 of that act is the only section relating to 'employment' by the health board, and provides in pertinent part as follows: '. . . Subject to the approval of the board of supervisors, the county health department shall have the power to employ such physicians and nurses and other qualified personnel full or part time as shall be necessary to carry on its work.' MCLA 327.205; MSA 14.165' The opinion held that even though 1927 PA 306, Sec. 5, supra, enables the county health board to designate particular persons to carry out its work and to control them in their work, absent more specific grant of authority by the Legislature, the power to create personnel positions and to specify renumeration resides in the county board of commissioners by virtue of its general grant of authority in 1851 PA 156, Sec. 11, supra. In the same vein, OAG, 1975-1976, No 5046, p 484 (June 10, 1976) concluded that even though the county board of commissioners has no power to select or appoint employees of elected county officials, such as the sheriff, clerk, treasurer, register of deeds or prosecuting attorney, the county board of commissioners, nonetheless, retained the general power to fix the salaries of such employees appointed by the elected county officers. See also, OAG, 1949-1950, No 862, p 71 (December 17, 1948). Although 1945 PA 282, Sec. 3, supra, authorizes the county planning commission to employ a director, it neither fixes nor authorizes the county planning commission to fix the director's salary. Furthermore, the fact that the Legislature provided that the county planning commission may employ a director does not imply, nor does it warrant the inference, that the county planning commission has the authority to fix the director's salary. It is my opinion, therefore, that pursuant to 1851 PA 156, Sec. 11, supra, the county board of commissioners has the sole authority to fix the salary of the director of the county planning commission. Frank J. Kelley Attorney General (1)
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