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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. 5920 June 12, 1981 DRAINS AND DRAINAGE: Reimbursement from drain district for services of persons working on records and maps A person whose duties involve updating records and maps is performing work related to clerical, administrative or engineering services and may not be considered a drain maintenance employee under 1956 PA 40, Sec. 33. Honorable Carl F. Gnodtke State Representative The Capitol Lansing, Michigan You have asked my opinion as to whether a person updating records and maps may be considered a drain maintenance employee under the Drain Code of 1956, 1956 PA 40; MCLA 280.1 et seq; MSA 11.1001 et seq. 1956 PA 40, supra, Sec. 33, as last amended by 1980 PA 121, provides: '(1) The salary of the commissioner, deputy commissioners, and clerks and employees of the drain commissioner's office shall, except as otherwise provided in this act, be paid from the general fund of the county in the same manner and at the same time as other county employees are paid. '(2) A commissioner may, with the approval of the county board of commissioners, hire drain maintenance employees. Such drain maintenance employees shall be considered county employees and shall be compensated from the general fund of a county in the same manner and at the same time as other county employees. '(3) The general fund of a county shall be reimbursed by the drain districts in which work is performed by drain maintenance employees hired by the commissioner pursuant to subsection (2) for compensation, including the cost of fringe benefits, paid to the drain maintenance employees by the county from its general fund.' 1956 PA 40, supra, Sec. 196, provides that an annual inspection may be made of all drains constructed under the act and permits the annual expenditure, without petition, of not to exceed $800 per mile or 2 percent of the original cost of the drain and extensions for maintenance and repair of the drain. For costs above this amount, a resolution of the governing bodies affected is required as specified therein. This section further provides: '(5) For purposes of this section, the costs of maintenance or repair shall include the costs of maintaining the drain in working order to continue a normal flow of water, including the servicing or repair of necessary pumping equipment and utility charges therefor; the cost of keeping the drain free from rubbish, debris, siltation, or obstructions; the cost of repairing a portion or all of a tile or drain to continue the normal flow of water; and other costs associated therewith. . . . '(6) The salaries, expenses, and fringe benefits of clerical, administrative, and engineering employees of the drain commissioner or drainage board working incidental to the operation, repair, or maintenance of a drain shall be chargeable to and paid as budgeted from the county general fund and not chargeable to or by the drain revolving fund.' [Emphasis added.] Statutes must be construed as a whole. Stowers v Wolodzko, 386 Mich 119, 133; 191 NW2d 355, 362 (1971). Each part or section should be construed in connection with every other part or section and meaning given to each section so as to produce a harmonious whole. In re Chamberlain's Estate, 298 Mich 278, 283; 299 NW 82, 84 (1941). Only those expenses which are specifically provided for in the statute may be charged back against the drainage districts. Wayne County Rural Taxpayers Association v Wayne County Drain Commissioner, 369 Mich 516; 120 NW2d 217 (1963). Further, assessments may be made against all of the district for repairs only if all of the lands are benefited thereby. OAG, 1939-1940, p 452 (March 27, 1940). Since 1956 PA 40, Sec. 33, supra, provides that the salaries of the drain maintenance employees be reimbursed by the drain districts to the county general fund, those employees must perform work which is properly chargeable to the various districts under 1956 PA 40, Sec. 196, supra. 1956 PA 40, Sec. 196, supra, sets out in subsection 5 specific chargeable costs to the districts. Those costs are all related to the physical, on-site repair or maintenance of the drain. Updating records and maps does not meet this definition. 1956 PA 40, Sec. 196, supra, specifically provides in subsection 6 that the cost of clerical, administrative, and engineering personnel working 'incidental to the operation, repair or maintenance of a drain' are chargeable directly to the county general fund, rather than being chargeable to the drain districts. 'Incidental' is defined in Webster's Third New International Dictionary as pertaining to or involved in, though not an essential part of it. It is my opinion, therefore, that a person whose duties involve updating records and maps is performing work related to clerical, administrative, or engineering services and may not be considered a drain maintenance employee under 1956 PA 40, Sec. 33, supra. Frank J. Kelley Attorney General
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