Opinion letter to the Honorable Richard M. Webster

February 5, 1971 Answered by Letter - Klaffenbach OPINION LETTER NO. 29 Honorable R1char~ M. Webster State Senator Thirty-second District Room 429, State Capitol Jefferson City , Missouri 65101 Dear Senator Webster: FILED ~r This letter is in response to your opinion request in which you inquire concerning the authority or the City Council or the City ot Carthage to enact or~inances regulating the travel expense ot the members or the Board of Public Works or that city . We understand that the board operates an electric utility which provides electric power tor the city and also operates the water system and as a part or the water system the sewage disposal operation. Sections 91.450, RSMo 1969, et seq., provide for the organi- zation and authority of the board or public works or third class cities such as Carthage. We call to your attention that Section 91.510, RSMo 1969, expressly provides: "All bills or such board and all sala- ries or its employees shall be allowe~ and paid in the same manner that bills and salaries or other officers and employees ot such city are allowed and paid." Honorable Richard M. Webster We find no judicial interpretation of the above section, how- ever, we believe that the language and the legislative intent is clear. Under Section 77.260, RSMo 1969, the mayor and the council have the duty and authority to have the care, management and control ot the city and its finances and the power to enact and ordain or- dinances not repugnant to the constitution and the laws of the state. We have stated in other opinions of this office, not other- wise pertinent here, that the Board of Public Works is obviously not the governing body of the city but is a board or limited powers. We conclude in this instance also that such a Board or Public Works has only the authority which is expressly given to it by statute or is necessarily implied. In direct answer to your question concerning the city's au- thority to regulate the expenses incurred by the individual members ot the board, it is our view that the city does have such authority. -2- Very truly yours, JOHN C. DANFORTH Attorney General