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. 5226

September 15, 1977

COUNTIES:

Surety bond to cover faithful performance of county officers.

COUNTY BONDS:

Surety bond to cover faithful performance of county officers.

COUNTY OFFICERS AND EMPLOYEES:

Surety bond to cover faithful performance of county officers.

As the Michigan statutes setting forth bonding requirements for county officials refer to individual bonds which 'each' officer must obtain and places the duty upon the officer to secure his or her own bond, a single surety bond provided by the county covering several or all county officers and employees may not be used in lieu of the various statutory requirements imposed upon county officers that a surety covering faithful performance be furnished.

Honorable Robert VanderLaan

State Senator

The Capitol

Lansing, Michigan 48901

Noting that a significant financial savings can be realized if a single surety bond, rather than individual bonds for each officer, is obtained to cover faithful performance of all county officers, you have requested my opinion on the following question:

Can a single surety bond covering several or all county officers and employees be used to satisfy the individual bonding requirements imposed by various statutes?

Bonding requirements for county officials are provided for in RS 1846, c 14, Sec. 119; MCLA 45.319; MSA 5.1082, as follows:

'Each of the said officers of whom a bond shall be required by law, except the said treasurer, before entering upon the duties of his office, and within the time limited in the last preceding section for depositing his oath, shall deposit his bond with the said treasurer, who shall file and preserve the same in his office; and the said treasurer before entering upon the duties of his office, and within the time limited in the preceding section for depositing his oath, shall deposit his bond with the clerk of the county, who shall file and preserve the same in his office.'

Thus, the statute clearly refers to individual bonds which 'each' officer must obtain. The various statutes requiring officers to obtain a surety bond place the duty upon the officer to secure his or her own bond.

To cite examples, the statute applicable to the county purchasing agent, 1917 PA 307, Sec. 3; MCLA 45.83; MSA 5.1153, states that 'the said agent shall . . . furnish a surety company bond payable to the county . . .'. RS 1846, c 14, Sec. 35; MCLA 48.35; MSA 5.681, provides that '[T]he county treasurer shall give a bond', and his 'deputy shall qualify by . . . filing a bond' pursuant to MCLA 48.37; MSA 5.683.

Similar statutory language governs the other major county offices; 'The county clerk shall give a bond to the people of the state . . .', MCLA 50.61; MSA 5.831, 'The sheriff shall give bond to the people of the state . . .', MCLA 51.68; MSA 5.681, and 'The register of deeds shall give bond to the people of the state . . .', MCLA 53.89; MSA 5.981.

The legislature has determined that this responsibility must be met by the officeholder personally and not by the county.

The necessity for maintaining the distinction between the bonds of the various officers is noted in 63 Am Jur 2d, Public Officers and Employees, Sec. 426, p 890 as follows:

'. . . While the forms of the bonds are substantially the same as to officers, the legal effect of the bonds are different as to each officer, in consequence of the fact that the duties and responsibilities of the respective public officers are different.'

The use of a blanket bond may tend to obscure the distinct duties and responsibilities of each officer.

Additionally, many of these statutes provide that a particular public officer or body must pass upon or approve a bond. Thus, the county surveyor's bond must be approved by the county treasurer. MCLA 54.95; MSA 5.1021. The amount of the treasurer's bond covering funds of the probate court must be approved by the probate judge. MCLA 704.55; MSA 27.3178(306). The amount of the county purchasing agent's bond is to be approved by the board of commissioners, MCLA 45.83; MSA 5.1153.

Furthermore, some of the statutes dealing with the bonding of county officers impose this requirement as a condition to taking office. All sheriff's deputies 'before entering upon the duties of their office shall execute and file with the county clerk an official bond.' MCLA 51.70; MSA 5.863. The county drain commissioner 'when elected and before entering upon the duties of his office shall execute and file with the county clerk a bond'. MCLA 380.21; MSA 11.1021.

Moreover, there is a risk that a defect or deficiency in the blanket bond might affect the coverage of all officers and employees.

I am aware that the State of Michigan has obtained a blanket bond to cover most state officers and employees. However, use of a blanket bond by the state was expressly authorized through enactment of 1969 PA 10; MCLA 15.1 et seq; MSA 3.930(11) et seq. The legislature, of course, may grant similar authorization to counties.

It is therefore my opinion that a single surety bond covering several or all county officers and employees may not be used in lieu of the various statutory requirements imposed upon county officers that a surety covering faithful performance be furnished.

Frank J. Kelley

Attorney General