Montana Attorney General Opinion 15-241

Opinion No. 241 County Commissioners-Highways, Viewing of-Automobiles, Purchase of. HE'LD: That a Board of Count~' Commissioners, in the exercise of a sound discretion, bas the power to pur- chase an automobile out of the public funds fOI' use of the board in \'iewing roads and for other uses hy the boar<1. .Tune 14, 11)33. You submit to this office request for an opinion on the following question: "The power of the board to purchas{' a car out of public funds for use of the board in viewing roads alHI for other uses by the board." Former Attorney General Poindexter on February 24, 1!H6, (Volume G. p. 3·t:! Opinions of the Attorney General) ren- (Ie red an opinion to the Coullty Attor- ney of Stillwater County, in which lIP characterized the ,purchase of an auto- mobile for the use of the board in view- ing roads as of "doubtful expediency." hut did not hold such act illegal in that Ol)inion. On l\Iareh 28. 11)16: howe\'el'. .TlHlg{' Poindexter referred. in an opin- iou (sume volume. page 3()'!) to tile hoard of county commissioners of Lewis and Cl'llrk County, to his former opin' ion to the count.\' attorney of Still- water County, and in the opinion to the Lewis and Clark count,\' hoard, used this language: "Referring to an opinion of this of- fice under date of I!~ebruan' 24th. in which it was held that the' board of county commissioners had no author- ity to purchase an automohile for the Imrpose of inspectillg contrnct or work upon county roads. • • •. " .Tudge Poindexter in his opinion of February 24, 1916, did not, in so many words, deny the board's power to buy an automobile for its own us{'. but in his later opinion construer] the former as stated abm'e denying such power. And, of course, his own construc-tioll must be accepted. .Tanuary 12. 11)33, this office ren- dered an opinion (1\"0. 10) to certain members of the Assemhly in which tIl{' following language was used: "If, th{'n. the board of county commissioners. in the exercise of a sound discl'etion, deems the use of an automobile neces- sary for the convenient, economical and orderly dispatch of the business of a county, it is our opinion that the quoted part of Section 4465 is broad enough to vest it with power to purchase such II utomobile." 1G8 OPIXIOXS OF THE ATTORNEY GENERAL The two opinionl" of .Tudge Poindexter taken together, deny the board's power to purchase an automobile with public funds. "for the board's use". The opi.n· ion of the present Attorney General of January 12, 1933, held the board might make sucb purchase for "county use," in the exercise of tllP "sound disere- tion" of the hoard. :'\otbing was said in this last opinion about a car for the use of the board of county commi"- sioners. This office does not attempt to ad- vise public officials as to ma tters of I)olicy or expediency, hut to interpret the law and advise as to just what power such officials ha\'e. Boards of commissioners are elected by the ppo- pie of the counties tbey serve and are answerable to the people of their re- spective counties for lack of judgnlPnt and discretion in the discharge of thpir official duties. The necessity for acts. such as purchasing an automobile. il" hetter known to the members of thp hoard and the electors of the county affected. than to this office. and we have held that such purchases are within the discretion of the county hoard. but do not in any 'way recom- mend or commend such purchase. It is for your board to determine the neces- sity of such act in your "sound dis- c.:retion". This office has no control m'er your "discretion" in such matters. It is for you, as a boal·(l. to determine the necessity in your "sound discre- tion." If you' err i~ the exercise of such discretion and spend your county's money in a questionable or extra\'agant way, you are ans,,'erable to your con- sti tuency, not to this office.