Montana Attorney General Opinion 15-17

Opinion No. 17 County Commissioners-PoweJ's- County Sut·veYOl·-Sala1"y. HRLD: The office of County Sur- veyor is a constitutional office and the Board of County Commissioners has no a uthority to layoff such officer or give him a furlough against his wishes. HO\ve\'er, the County Surveyor may rlmw his per diem only when engaged in work for the county under the in- I'Itructions of the County Board. ,January 11, 1933. 'Ve were advised that you de,,'ire the opinion of this office in regard to whether or not the Board of County Commissioners of a sixth class county ca II temporarily layoff or furlough ~ County Surveyor for the purpose of !;a \'ing his per diem. 'l'he office of Couaty Surveyor is a eonstitutional office and the Board of County Commissioners has no author- ity to layoff such officer or give him furlough against his wishes. In all counties that have a voting population of less than fifteen thousand the County Surveyor is on a per diem basis and (your county being in the class of less than fifteen thousand \'ot- ing population) would draw compensa- tion by the day instead of a re6'Ular salary. Section 4921, R. C. :\1. 1921, provides for the compensation of the County Sur- veyors in counties of the sixth class. The fact that the County SUr\'eyor is put on a l)er diem basis, while prac- tif-ally all other county officers are on a snlary basis, impels this office to the conclusion that a County Surveyor can dl'al\' compensation only for snch time as he is employed and, as he is under the supervision a nd is employed by the county only when directed by the C0111- missioners to do certain work, our con- clusion is that if the Commissioners give him no work he is not entitled to dra w any com pen sn tion. In other words. he may draw his per diem only when actually engaged in \York for the coun- ty under the instructions of the County Boanl.