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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. 6265

December 19, 1984

COUNTIES:

Chairperson of county board of commissioners--authority to change compensation of county road commissioners

The chairperson of a county board of commissioners has no authority to determine or change the compensation to be paid county road commissioners.

Honorable James A. Docherty

State Representative

The Capitol

Lansing, Michigan

You have requested my opinion upon the following question:

Does the chairperson of the St. Clair County Board of Commissioners have the authority to change the compensation of the county road commissioners from salary plus per diem to per diem only?

Const 1963, art 7, Sec. 9 provides:

'Boards of supervisors (1) shall have exclusive power to fix the compensation of county officers not otherwise provided by law.'

1909 PA 283, c iv, Sec. 8, MCLA 224.8; MSA 9.108, provides that the compensation of county road commissioners shall be determined by the county board of commissioners.

OAG, 1979-1980, No 5613, p 517, 518 (December 21, 1979), concluded:

'Except where the county has established a county officers compensation commission (2) the Legislature has not provided by law for the fixing of the compensation of members of a board of county road commissioners. Therefore the county board of commissioners may determine the compensation of the members of a road commission and may decide to pay them on a per diem basis.'

2 'A county board of commissioners may establish a county officers compensation commission pursuant to 1978 PA 485; MCLA 45.471 et seq; MSA 5.360(51) et seq.'

Thus, Const 1963, art 7, Sec. 9 and 1909 PA 283, c iv, Sec. 8, supra, authorize the county board of commissioners to determine the compensation of members of a board of county road commissioners.

It is my opinion, therefore, that the chairperson of a county board of commissioners has no authority to determine the compensation to be paid to the members of the county road commission.

Frank J. Kelley

Attorney General

(1) Now referred to as the county board of commissioners pursuant to 1966 PA 261, Sec. 16, as added by 1969 PA 137; MCLA 46.416; MSA 5.359(16).

 

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