STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 5670

March 18, 1980

TOWNSHIPS:

Creation of a park commission

Authority of park commission

Authority of township board over budget of park commission

A township park commission comes into being upon approval of the electors of the township regardless of the fact that the electors do not simultaneously vote upon and approve taxes for the operation of the park commission.

The township park commission operates the parks and controls its employees within the budget approved by the township board.

The Honorable Harry Gast

State Senator

The Capitol

Lansing, Michigan 48909

You have requested my opinion about the authority of the Niles Township Board to control the activities of the township park commission. The township board funds the park commission from general funds and seeks to set priorities and make final decisions for the commission. Your questions may be phrased as follows:

A township park commission is created by a vote of the electorate, pursuant to section 1 of 1931 PA 271, MCLA 41.441 et seq; MSA 5.271 et seq. Its members are elected at the next biennial election subsequent to their appointment at the time of the creation of the commission. The powers of a township park commission are contained in 1931 PA 271, supra, Sec. 2.

The funding of the township park commission, other than by gifts, grants, devises and bequests provided for in the previously cited section, is set forth in 1931 PA 271, supra, Sec. 4:

Where plain, certain and unambiguous language is used in a statute, a bare reading suffices and no interpreation is necessary; City of Grand Rapids v Crocker, 219 Mich 178; 189 NW 221 (1922). Thus, it is clear under 1931 PA 271, Sec. 1, supra, that a township park commission comes into being upon approval of the electors without regard to the electors simultaneously voting upon and approving taxes to support the work of the township park commission, pursuant to 1931 PA 271, Sec. 4, supra.

In response to your first question, it, therefore, is my opinion that a township park commission comes into being upon approval of the electors of the township regardless of the fact that the electors do not simultaneously vote upon and approve taxes for the operation of the park commission.

Addressing your second question, 1931 PA 271, Sec. 2, supra, does not limit the authority of park commission to acquire, maintain, manage and control township parks and places of recreation, including bathing beaches, and in the name of the township, to condemn land for such purposes. However, 1931 PA 271, Sec. 4, supra, provides a method of funding the township park commission and the township board may control the township park commission by the review of the commission's budget when the assessment, levy and collection of a tax is used to fund the commission. If the township board decides not to use the method provided for in 1931 PA 271, Sec. 4, supra, and funds the park commission from the general fund, then the board would make a grant to the park commission which may be conditioned by the township board to be used only for certain purposes.

Since the township park commission is given the authority to maintain, manage and control the township parks and places of recreation, it follows that it has control over its employees and the duties they are to perform. This authority is subject however to the township board passing on the proposed budget of the township part commission as to its reasonableness and necessity. Thus, the township park commission operates the parks and controls its employees within the budget approved by the township board; see OAG, 1975-1976, No 5046, p 484 (June 10, 1976).

Therefore, it is my opinion that a township park commission is required to submit its budget to the township board for its approval in whole or in part. Once the budget is approved, the township park commission may operate without further approval of the township board.

Frank J. Kelley