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. 5441 February 14, 1979 PROSECUTING ATTORNEYS: Responsibility for providing legal representation to members of a county social services board COUNTY SOCIAL SERVICES BOARD: Representation by prosecuting attorneys WORDS AND PHRASES: 'counsel' It is the duty of prosecuting attorneys of each county to provide legal representation to the members of a county board of social services and the director. In the event that the prosecuting attorney refuses to fulfill his or her duty to provide legal representation, the county board of commissioners may employ an attorney for this purpose. John T. Dempsey Director Michigan Department of Social Services 300 South Capitol Avenue Lansing, Michigan 48926 You have requested my opinion on the following questions: 1. Must the prosecuting attorney provide legal defense for county social services board members (whether state or county appointed) in suits resulting from the administration of programs other than federally funded programs or the general assistance program. (1) 2. If the prosecuting attorney has such a responsibility and refuses to meet it, or if he has no obligation to defend social services board members, who would be responsible for providing legal representation to social services board members and for meeting the cost of such representation? It will be noted that, among the powers and duties of the county social services board is the authority to develop and supervise social services programs authorized by the county board of commissioners which are financed solely by county administered funds. 1939 PA 280, Sec. 45, as amended by 1975 PA 237; MCLA 400.45; MSA 16.445. Responding to your first question, the Social Welfare Act, 1939 PA 280, Sec. 79; MCLA 400.79; MSA 16.479 states: 'It shall be the duty of the prosecuting attorney of each county to give his counsel and advice to the board or director whenever the board or director may deem it necessary for the proper discharge of the duties imposed upon them in this act.' (Emphasis added) The term 'counsel' is defined in Black's Law Dictionary 418 (4th ed, 1968), in pertinent part, as follows: 'COUNSEL. 1. In practice. An advocate, counsellor, or pleader. 3 Bl.Comm. 26; 1 Kent, Comm. 307. One who assists his client with advice, and pleads for him in open court. One who has been admitted as an attorney and counsellor at law. Baker v State, 9 Okl. Cr. 62, 130 P. 820, 821. See Counsellor.' (Emphasis added) Inasmuch as the term 'counsel' includes pleading on a client's behalf in open court, it is my opinion that it is the duty of the prosecuting attorney to provide legal representation to board members when sued for alleged misconduct in performing their official acts. (2) In respect to your second question concerning who would be responsible for providing legal representation or meeting the cost thereof in the event that the prosecuting attorney refuses to fulfill the foregoing duty, 1941 PA 15, Sec. 1; MCLA 49.71; MSA 5.824 provides: 'The board of [commissioners] of any county by a majority vote of the members-elect may employ an attorney to represent the county in civil matters, whenever the board determines that the prosecuting attorney is unable to properly represent the county. Such attorney shall receive such compensation as shall be determined by the board of supervisors.' Pursuant to such statute, I would advise you that should the prosecuting attorney refuse to represent social services board members, the county board of commissioners may, but is not required to, employ an attorney to represent such board members. Frank J. Kelley Attorney General (1)
(2)
Although the members of county boards of social services are not involved in the administration of federally funded programs or the general assistance program under the Social Welfare Act, 1939 PA 280; MCLA 400.1 et seq; MSA 16.401 et seq, the conclusions of this opinion would nevertheless apply to such members if named as defendants for conduct arising out of the administration of such programs.