Amending county estimates by county commissioners after having been approved by the county legislative delegation

MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from scanned originals with text recognition applied (searchable text may contain some errors and/or omissions) JJ.. ...;..1----7-1 ~I - _..>/ RICHARD S. COHEN ATTORNEY GENERAL STATE OF MAlKE DEPARTMENT OF THE ATTORNEY GENERAL AUGUSTA, l\IAIN'E 0-1333 Honorable Jerome Emerson Maine State Senator State House Augusta, Maine 04333 Dear Senator Emerson~ February 27~ l979 STEPHEC-: L. DLntO:-:D Jow, S. GLEASO:-. Jom, 1\1. R. PATERso~ ROBERT J. STOLT DEPUTY ATTORNEYS GENERAL You have requested an opinion regarding whether, i.n the circumstances described below, a boa.:r;-d of county co:mmissi.oners may amend their county estimates ~fter tpey have been approved by the county legislative delegation and after having been submitted to the Local and County Government Committee. It is my under- standing that the Penobscot County Commissioners prepared the county estimates and finalized them with the county legislative delegation. Subsequently, the estimates were referred to the Local and County Government Conuni ttee. You have inquired ,,1hether, assuming that a majority of both the county delegation and the Local and County Government Committee approve, the estimates may be returned to the county commissioners for further amendment, For the reasons stated below, I answer your question in the affir~ mative. It is the responsibility of the county commissioners to assess a county tax each year. 30 M.R.S.A.§251(1978). In order to make a proper assessment, the "county coromissioners, prior to November 7th in each year, shall prepare estimates of the sums to defray the expenses which have accrued or may probably accrue for the coming year .... " 30 M.R.S.A.§252(1978)·. The county commiss- ioners are required to hold a public hearing on the estimates prior to Decern_ber 1 of each year and are mandated to meet with the county legislative delegation prior to the convening of the Legislature. 30 M.R.S.A.§252(1978). Following their finalization by the county delegation and the county commissioners, the estimates are trans- mitted to the Secretary of State "on or before the 1st day of each January, together with the county reports for the 2 preceding years, to be by him laid before the Legislature." 30 H.R.S.A.§253(1978) . 1 1. The county commissioners are also required to record the estimates "in a book." 30 M.R.S.A.§253 (1978). Honorable Jerome Emerson February 27, 1979 Page two The estimates for each county are submitted to the Local and County Government Committee prior to presentation to the full Legislature. It is well-established that the county commissioners have the responsibility to control county expenditures. In particular, the Supreme Judicial Court of Maine has stated that " •.. it is the duty of the County Commiss- ioners to determine in advance, so far as practicable, the financial requirements of the various departments of the county, to provide the necessary funds and to control expenditures." Sheltra v. Auger, Me., 376 A.2d 463, 464 (1977); Watts Detective Agency, Inc. V. Inhabitants of County of Sagadahoc, 137 Me. 233, 237-38, 18 A.2d 308 (1941). Thus, the county COITu.Llissioners are obligated to estimate, as best they can, the financial require- ments of county government. It must be observed, however, that the county COITht1issioners derive their powers, duties and existence from the Legislature. See, e.g., Prince v. Skillin, 71 Me. 351, 373 (1880); Inhabitants ~Beliast, Appellants, 52 Me. 529, 530 (1864); Selectmen of Ripley, Appellants, 39 Me. 350, 352 (1855). Accordingly, the county commiss- ioners prepare annual estimates but only the Legislature can approve and adopt the county budget. 30 M.R.S.A.§§253 and 253-A (1978). It is the Legislature's ultimate responsibility to determine what a county's budget will be. In fulfilling its responsibility to review and approve county budgets, it is certainly permissible for the Legislature to seek further guidance from those most intimately involved in county g·overnment, namely, the county commissioners. Until such time as the Legislature adopts a county budget, it has the peroga- tive of requesting the county coITuL1issioners to refine or reconsider their estimates. The time frames specified in 30 M.R.S.A.§§252 and 253 (1978) are limitations on the county commissioners, not the Legislature. In conclusion, then, it is my opinion that there is nothing in the Maine Constitution or statutes which would prevent the county legislative delegation together with the Local and County Honorable Jerome Emerson February 27, 1979 Page three ) Government Committee from requesting that the county commissioners reconsider and amend their estirnates.2 I hope this information is helpful. If I can be of any further assistance, please feel free to call upon me again. , RSC: sm -~ . COHEN Attorney General 2. I express no opinion as to whether the county commissioners are required to amend their estimates if those estimates are returned to them under the circumstances described in this letter.