Authority of a department or agency of county government to make intra-departmental transfers in the county budget as approved by the Legislature

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) RICHARD S. COHEN ATTORNEY GENERAL STATE OF M_-\J:-;E DEPARTMENT OF THE ATTORNEY GENERAL AUGUSTA, l\lA!:'.'.E 04333 Honorable John Michael House of Representatives State House Augusta, Maine 04333 March 2, 1979 Dear Representative Michael: STEPHEN L. DtA..V.OND JOHN S. GLEASON JOHN M. R. PATERSON ROBERT J. STOLT DEPUTY ATTORNEYS GENERAL This will respond to your request for an opinion con- cerning the authority of a department or agency of county government to make intra-departmental transfers in the county budget as approved by the Legislature. The commissioners of each county are required by statute to prepare budget estimates each year. 30 M.R.S.A. § 252 (1978). These estimates are submitted to the Legisla- ture for its review, amendment and ultimate approval. 30 M.R.S.A.§§253 and 253-A (1978 Supp.}. This office has con- sistently stated that legislative approval of the county bud- get acts as a direction from the Legislature that funds are to be expended in accordance with that budget. See, Op. Atty. Gen., June 22, 1977; Op. Atty. Gen., February 12, 1976. Nevertheless, the Legislature recognized that circum- stances may arise which necessitate a deviation from the legislatively approved budget. Accordingly, the Legislature granted-the county commissioners the authority to make intra- departmental transfers pursuant to 30 M.R.S.A. §252 (1978)c Section 252 provides in relevant part: - rewhenever any specific appropriation of a depctrtment or agency of county government shali prove insufficient to pay the required ~xpenditures for the statutory purposes for which such appropriation was made, the county coITii~issioners may, upon written request of such department or agency, transfer from any other specific line appropriation of the same depart- ment or agency an amount as required to meet. ~ach expenditure, provided that such request shall bear the written approval of the majority Honorable John Michael February 281 1979 Page two f t,h . . .. 1 o · __ e county conum.ssioners. Thus, 30 M.R.SmA.§252 (1978) affords county departments or agencies some degree of flexibility to transfer funds from one specific line appropriation to another within the depart- ment or agency. However, as a pre-condition to utilizing the mechanism of intra-department transfer of funds, the written · approval of the county commissioners must be obtained. I have enclosed a copy of an opinion dated November 26, 1975 which discusses the device of intra-departmental transfers in some detail. I hope this information is helpful to you. Please feel free to call upon me again if I can be of further assistance. / WRS:sm 1. 30 M.R.S.A.§252 (1978) also provides that all intra-depa_rt:~ mental transfers must be certified within 30 days to the State Department of Audit.