STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 5830

December 16, 1980

COUNTIES:

Department of public works--operating budget

A county board of commissioners must make an annual appropriation for the operation of the department of public works and may use monies in the general fund and other monies lawfully available for support of the department.

Mr. James Norlander

Calhoun County Prosecutor

190 East Michigan Avenue

Battle Creek, Michigan 49014

Ms. Bess H. Jordan

Chairperson

Calhoun County Board of Public Works

County Building

Marshall, Michigan 49068

You have asked for my opinion as to the following questions:

County departments of public works (DPW) and county boards of public works (BPW) are governed by 1957 PA 185, as amended; MCLA 123.731 et seq; MSA 5.570(1) et seq. A DPW is established by a two-thirds vote of the county board of commissioners, and a BPW generally consists of the county drain commissioner and six or eight members appointed by the county board of commissioners pursuant to 1957 PA 185, supra, Sec. 2. That section also provides that the DPW shall be under the general control of the county board of commissioners and under the immediate control of the BPW.

1957 PA 185, supra, enables counties through the BPW and the DPW to acquire and operate systems for water supply, sewage disposal, refuse disposal, erosion control, and to make lake improvements. Other powers include the planning of these projects, arrangements for special assessments, acquisition and sale of property, eminent domain, and the issuance of bonds. Various alternatives for the funding of such projects are outlined in 1957 PA 185, supra, Sec. 11, in relevant part, as follows:

Turning to the first question, 1957 PA 185, supra, Sec. 5 requires an appropriation for the expenses of the DPW:

Since 1957 PA 185, Sec. 5, supra, requires an appropriation for the expenses of the DPW, it is my opinion that a county board of commissioners must make an annual appropriation in compliance with this statutory mandate. Designation of the DPW as a 'restricted or special fund agency' would not relieve the county board of commissioners from its obligation under 1957 PA 185, Sec. 5, supra, to provide for the expenses of the DPW in its annual budget.

Your second question asks to what extent the county must maintain the DPW from the general funds of the county. While 1957 PA 185, Sec. 5, supra, requires the county board of commissioners to provide in its annual budget for the expenses of the DPW, the statute is silent as to sources of the funds which may be used by the county board. Accordingly, it is my opinion that there is no requirement, either express or implied, that any general funds of the county be used as the source of the funds for the DPW in the annual budget.

The source of the revenues appropriated to the DPW may be the general funds of the county, or any other moneys lawfully received by the county which are not restricted by statute, grant, contractual obligation, or otherwise to some purpose unrelated to the DPW's activities. In setting the level of appropriation to the DPW, it is my opinion that the source of funding for the DPW from funds lawfully available for appropriation rests in the sound discretion of the county board of commissioners.

Frank J. Kelley