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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. 5703 May 7, 1980 COUNTIES: Authority of board of commissioners to fix compensation of members of a drainage board DRAIN CODE: Compensation of members of drainage board The chairman of the board of commissioners of a county serving as a member of a drainage board may receive per diem as fixed by the drainage board. A county board of commissioners is without authority to fix compensation for members of a drainage board. Honorable Jerome T. Hart State Senator The Capitol Lansing, Michigan 48909 You have requested my opinion upon the following question: May the Chairman of the Board of Commissioners of Bay County receive a per diem for his service as a member of a drainage board in light of MCLA 280.464 and the enclosed Bay County resolution dated December 28, 1976? 1956 PA 40, Sec. 464, MCLA 280.464; MSA 11.1464, provides in part: 'There is created for each project petitioned for under the provisions of this chapter, a drainage board to consist of the drain commissioner of the county, the chairman of the county board of supervisors and the chairman of the board of county auditors. . . . The chairman of the board of supervisors (1) and any member of a board of supervisors serving on the drainage board shall receive such compensation, mileage and expenses as shall be provided by the drainage board except that such compensation shall not exceed $25.00 per diem exclusive of mileage and expenses for attendance at drainage board meetings . . .' [Emphasis added.] The resolution of the Bay County Board of Commissioners, dated December 28, 1976, provides in part: '. . . We recommend adoption of the attached schedule as the per diem rate for the listed boards, commissions and authorities, and 'Further, we recommend for all other boards, commissions and authorities not specifically listed there be no pay for services, . . .' The rate schedule attached to the resolution provides the per diem amount for certain boards and commissions, and the drainage board is not included in that schedule. The second paragraph quoted from the resolution above recommends against the payment of compensation to all boards, commissions and authorities not specifically listed in the schedule. The resolution may not deprive the drainage board of its discretion to provide for per diem compensation as set forth in 1956 PA 40, Sec. 464, supra. A resolution of a county board of commissioners which recommends against payment of a per diem for the members of the drainage board, if binding upon the drainage board or the chairman, would be in conflict with 1956 PA 40, Sec. 464, supra, and would have no effect. County boards of commissioners are authorized to '[p]ass regulations and ordinances relating to county affairs as it considers proper, but which shall not contravene the general laws of this state. . . .' [Emphasis added] 1851 PA 156, Sec. 11, MCLA 46.11; MSA 5.331. It is, therefore, my opinion that the Chairman of the Board of Commissioners of Bay County may receive a per diem as a member of the drainage board, in accordance with 1956 PA 40, Sec. 464, supra, notwithstanding any resolution of the County Board of Commissioners to the contrary. Frank J. Kelley Attorney General (1)
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