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. 6712 February 19, 1992 COUNTIES: Term of office of chairperson of county board of commissioners in charter county The chairperson of the Wayne County Board of Commissioners must be elected at the first meeting of each new term in accordance with section 3.114(a) of the Wayne County Charter for a period of two years. Honorable Christopher D. Dingell State Senator The Capitol Lansing, Michigan You ask whether the chairperson of the Wayne County Board of Commissioners is to be elected at the first meeting of each new term (every two years) (1) or at the commission's first meeting each year. Const 1963, art 7, Sec. 2, authorizes a county, acting under general law, to frame a charter. Wayne County has adopted a charter under the provisions of the charter counties act, 1966 PA 293, MCL 45.501 et seq; MSA 5.302(1) et seq, which provides for the establishment of charter counties. Wayne County Charter, section 3.114(a), provides: At the first meeting of each new term, the Commission shall elect a chairperson and other officers of the Commission. However, a statute which relates to counties generally, MCL 46.3; MSA 5.323, provides, in part: The county board of commissioners at its first meeting in each year shall choose 1 member as chairperson .... Section 14(g) of the charter counties act provides: That the general statutes and local acts of this state regarding counties and county officers shall continue in effect except to the extent that this act permits the charter to provide otherwise, if the charter does in fact provide otherwise. [Emphasis added.] Section 14(g) clearly provides that a county's charter may be limited by general statutes because those statutes continue in effect. Nevertheless, a county is authorized to exercise certain powers mandated or permitted by the charter counties act in a manner other than as provided by general state statutes. Review of the charter counties act discloses that section 14(b), dealing with mandatory charter provisions, requires a charter county to provide in its charter for the "election of a legislative body to be known as the county board of commissioners ... and for their authority, duties, [and] responsibilities." (Emphasis added.) Thus, the statute establishing charter counties expressly mandates that the county charter provide for the authority and duties of the county board of commissioners. Const 1963, art 7, Sec. 34, provides: The provisions of this constitution and law concerning counties, townships, cities and villages shall be liberally construed in their favor. Powers granted to counties and townships by this constitution and by law shall include those fairly implied and not prohibited by this constitution. [Emphasis added.] The Address to the People accompanying this constitutional provision states: This is a new section intended to direct the courts to give a liberal or broad construction to statutes and constitutional provisions concerning all local governments. Home rule cities and villages already enjoy a broad construction of their powers and it is the intention here to extend to counties and townships within the powers granted to them equivalent latitude in the interpretation of the constitution and statutes. [Emphasis added.] 2 Official Record, Constitutional Convention 1961, p 3395. The law is settled that the statutory powers of counties are liberally construed and include those powers that are fairly implied. E.E. Tripp Excavating Contractor, Inc. v. Jackson County, 60 Mich App 221, 230-231; 230 NW2d 556; lv den 394 Mich 834 (1975). In addition, one of the purposes of the charter counties act was greater county autonomy over county affairs. Roberts v. Wayne County, 176 Mich App 192, 195; 439 NW2d 331 (1989) lv den 434 Mich 887 (1990). Consistent with these constitutional provisions and appellate precedents, the power conferred upon a charter county in section 14(b) of the charter counties act, to provide for the authority and duties of its board of commissioners, must be liberally construed in favor of the county. Further, the power to provide for the authority and duties of its board of commissioners includes those powers that are fairly implied from the express statutory language. Section 14(b) of the charter counties act permits the charter to "provide otherwise" within the meaning of section 14(g) of the same statute as to the term of office of the chairperson of a charter county board of commissioners. Section 3.114(a) of the Wayne County Charter, which provides for the election of the chairperson at the first meeting of each new two year term, is fairly implied from the authority conferred upon a charter county in section 14(b) of the charter counties act to provide for the authority and duties of its board of commissioners. It is my opinion, therefore, that the chairperson of the Wayne County Board of Commissioners must be elected at the first meeting of each new term in accordance with section 3.114(a) of the Wayne County Charter for a period of two years. Frank J. Kelley Attorney General (1 Wayne County Charter, section 3)