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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. 5843 January 20, 1981 COLLEGES AND UNIVERSITIES: Community colleges--delegation of authority of board of trustees The board of trustees of a community college district is without authority to delegate to its president or other administrators the power to hire and discharge employees, make major purchases, enter into construction contracts, make leases and execute deeds. Honorable Bill S. Huffman State Senator The Capitol Lansing, Michigan You have requested my opinion on a question which may be stated as follows: May the board of trustees of a community college delegate to the president or other officers of the community college the power to hire and discharge employees, make major purchases, enter into construction contracts, make leases and execute deeds? Const 1963, art 8, Sec. 7 provides, in applicable part, as follows: 'The legislature shall provide by law for the establishment and financial support of public community and junior colleges which shall be supervised and controlled by locally elected boards.' The legislature has enacted the Community College Act of 1966, 1966 PA 331; MCLA 389.1 et seq; MSA 15.615(101) et seq, to implement Const 1963, art 8, Sec. 7. Control and supervision of community college districts has been vested in their boards of trustees by the provisions of the Community College Act of 1966, supra. Thus, Section 121 of the Community College Act of 1966, supra, provides, in applicable part: 'The board of trustees of the community college district shall have the power to make plans for, to promote, or acquire, construct, own, develop, maintain and operate a community college and an area vocational-technical education program. The board of trustees may: '(a) Locate, acquire, purchase or lease in the name of the district such site or sites within or without the district for college buildings, libraries, agricultural farms, athletic fields, playgrounds, stadiums, gymnasiums, auditoriums, parking areas, residence halls and supporting facilities as may be mecessary; purchase, lease for a term not to exceed 5 years, acquire, erect or build and equip such buildings, structures and other impovements for college or area vocatonal-technical education buildings, libraries, agricultural farms, athletic fields, playgrounds, stadiums, gymnasiums, auditoriums, parking areas, residence halls and supporting facilities as may be necessary; pay for the same out of the funds of the district provided for that purpose; sell or exchange any real or personal property of the district which is no longer required thereby for school purposes, and give proper deeds, bills of sale or other instruments passing title to the same.' The Community College Act of 1966, supra, Sec. 123, as last amended by 1980 PA 5, provides that the board of trustees of a community college district is entrusted with '. . . the care and custody of all community college property. . . .' Section 124 of the Community College Act of 1966, supra, provides that the board of trustees may: '(a) Contract with, appoint and employ a suitable person, not a member of the board, as administrator or director of the community college . . . who shall perform such duties as the board may determine and who shall make reports in writing to the board of trustees. . . . '(b) Select and employ such administrative officers, teachers and employees and engage such services as shall be necessary to effectuate its purposes.' Section 125(f) of the Community College Act of 1966, supra, provides that the board of trustees of a community college district may '. . . do all other things in its judgment necessary for the proper establishment, maintenance and carrying on of the community college.' In accordance with Const 1963, art 8, Sec. 7, the provisions of the Community College Act of 1966, supra, clearly vest control and supervision of community college districts in their boards of trustees, See also, West Shore Community College v Manistee County Board of Commissioners, 389 Mich 287; 205 NW2d 441 (1973). The statutorily prescribed powers of the boards of trustees of community college districts include authority to hire and discharge employees, make leases, execute deeds, enter into construction contracts and make major purchases. The Community College Act of 1966, supra, does not empower the board of trustees of a community district to delegate its statutorily prescribed powers to the president or other officers of the community college district. In Sittler v Board of Control of the Michigan College of Mining and Technology, 333 Mich 681; 53 NW2d 681 (1952), the Michigan Supreme Court considered whether the authority to appoint or hire teachers, vested by statute in the board of control of the college, could be delegated to a subordinate or representative of the board. The Supreme Court reasoned and concluded as follows: 'Plaintiff asserts that the power to contract with teachers may be delegated. . . . But the instant case involved the right by contract to bind the State in the operation of one of its educational institutions over a period of time and to expend public funds in greater or lesser amounts. Powers of the character vested by the above statutory provisions in a board of control of an educational institution maintained by the State cannot be delegated to some subordinate or representative. "The board of supervisors cannot delegate such powers as the law requires to be submitted to their corporate discretion and judgment." (Citation omitted.) Sittler v Board of Control, supra, 333 Mich 681, 686, 53 NW2d 681, 683. The authority to hire and discharge employees, make major purchases, enter construction contracts, make leases and execute deeds involves both the right to bind the community college district over a period of time and the expenditure of public funds. Powers of this character clearly involve the exercise of discretion in the performance of official duties of the board of trustees of community college districts. It is well settled that official duties involving the exercise of discretion and judgment for the public good cannot be delegated. Sittler v Board of Control, supra, 333 Mich 681, 686; 53 NW2d 681, 683. See also, OAG, 1963-1964, No 4255, pp 388, 390 (May 14, 1964). In the employment area, for example, the processing of applications, the conducting of interviews and the making of employment recommendations may be delegated to administrative officials of the community college. However, the final authority to contractually bind the community college district to a contract of employment is reposed in the board of trustees. It is therefore my opinion that the board of trustees of a community college district may not delegate to its president or other administrators the power to hire employees, discharge employees, make major purchases, enter into construction contracts, make leases and execute deeds. Frank J. Kelley Attorney General
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