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. 5272

February 24, 1978

SCHOOLS AND SCHOOL DISTRICTS:

Reimbursement of expenses of school board members

COMPENSATION AND SALARIES:

Reimbursement of expenses in performance of official duties

The board of education of a school district may not pay the expenses of a board member's spouse who accompanies the board member in the discharge of official duties.

Dr. John W. Porter

Superintendent of Public Instruction

Michigan National Tower

Lansing, Michigan

You have requested my opinion on a question which may be stated as follows:

Under Sec. 1254 of the School Code of 1976, 1976 PA 451, MCLA 380.1 et seq; MSA 15.4001 et seq, may a board of education of a school district pay the expenses of board members' spouses?

Boards of education of school districts possess only such power as the statutes expressly or by reasonably necessary implication grant to them. Senghas v L'Anse Creuse Public Schools, 368 Mich 557, 560; 118 NW2d 975, 977 (1962); Foster v Delta Board of Education, 326 Mich 272, 279; 40 NW2d 310, 313 (1949).

1976 PA 451, Sec. 1254, supra, provides:

'The board of a school district may pay the actual and necessary expenses incurred by its members and employees in the discharge of official duties or in the performance of functions authorized by the board. The expenditures shall be a public record and shall be made available to a person upon request.' (emphasis added)

When examining a statute:

'[i]t is a cardinal rule that the legislature must be held to intend the meaning which it has plainly expressed, and in such cases there is no room for construction, or attempted interpretation to vary such meaning.' MacQueen v City Commission of the City of Port Huron, 194 Mich 328, 342; 160 NW 627, 631 (1916)

By its plain and unambiguous terms, 1976 PA 451, Sec. 1254, supra, clearly states that the board of education 'may pay the actual and necessary expenses incurred by its members . . . in the performance of functions authorized by the board.' (emphasis added) It is clear that there is no language in such statute which states or implies that actual and necessary expenses include the expenses of board members' spouses who may accompany school board members in the discharge of their official duties or in the performance of functions authorized by the board of education.

It is, therefore, my opinion that a board of education of a school district may not pay the expenses of a board member's spouse who accompanies a board member in the discharge of official duties.

Frank J. Kelley

Attorney General