Opinion letter to the Honorable Haskell Holman

February 5, 1970 Honorable Haskell Holman Auditor o~ the State of ~assouri State Capitol Building Jefferson City , Missouri 65101 Dear Mr. Holman: Answer by letter-Wiel er OPINION LETTER NO. 27 F I 1 ED d?J This letter is in response to your request for an opinion on the following question: "1. Is a County Court of a second class county empowered by any statutory provisions to em- ploy an individual as Administrative Secretary to the County Court and expend county revenue funds for the salary of such employee?" A search of the Missouri statutes reveals no express statutory provision authorizing a second class county court to employ such an individual. However, we note with approval the ~ollowing passage from the case or Aslin v. Stoddard County, 341 Mo. 138, 106 S.W.2d 472, 475 (1937): 11By section 2078, R.S.l929, Mo.St.Ann. §2078, p. 2658, (49.270, RSMo 1959] it is provided that the county court tahall have control and management or the property, real and personal, belonging to the county.' This express autho- rity and duty carries with it the necessarily implied authority to employ such labor and service as may reasonably be requisite in order to effectuate the express power granted. Of such character is the work of a janitor, such as plaintiff herein. By tbe order of court and the contract pursuant thereto em- ploying him he dld not become an officer or Honorable Haskell Holman the county, but only an employee , to whom no attempt was made to delegate governmental or other such functions of the court which from time to time might involve matters of discre- tion to be exercised by that body .•.• " It is our feeling that this language clearly authorizes second class county courts to employ individuals, whose labor and service are reasonably necessary in order that the county court may carry out the express powers granted to it by statute, as long as such employment does not involve an attempt by the county court to dele- gate functions of the court, which involve matters of discretion to be exercised by that body, to such individual. Also, the county court has no authority to hire an individual called an administra- tive secretary to perform any of the functions which are placed on other county officials by statute. Section 50.550, RSt.,o 1959, provides that the county budget in second class counties shall contain adequate provision for the ex- penditures necessary for the salaries, office expenses, and deputy and clerical hire of all county officers and agencies. It also pro- vides that all expenditures for operation and maintenance of the various county agencies shall be charged to the general fu.nd. Thus, it is our view that the express powers and duties given a second class county court by statute carry with them the implied authority to employ an individual called an "administrative secre- tary" and pay him out of general county funds only if such employ- ment is neoessary in order to effectuate the express powers granted the court. Yours very truly, JOHN C. DANFORTH Attorney General -2-