Montana Attorney General Opinion 15-244

Opinion No. 244 High Schools-Pupils-Transportation -County High Schools-County Commissioners. HELD: The county high school board has the power to contract for trans- porting pupils subject to the supervis- ory powers of the hOll rd of county eom- missioners sitting as the hoa I'd of 11I1I\g- pt supervisors. June 20, 193R. You request an OI)inion from this of- fiee as to who has the authority to let the contract for transporting IlUpils to high schools, the district where the pupils reside, the district where the pupils attend schools or the county ('ommissioners. The hoard of county eommissioneri" is the board of budget supervisors (Set!. 2 Chapter 146, Laws of 11l31) , nllli ha~ the power to ·'eliminate." '·increase." "ehange" or "I'educe" nn~' item of any budget. (Sec. 13, Chapter 178, Laws of 1U33, Opinions of Attorney General. Vol. 10, p. 3.'18.) The Board of 'l'rustees of County High Schools is crea ted by Section 3. Chaptel' 148, Laws of 1931, and is com- posed of the County Snperintendent and 170 OPIXIOXS OF THE ATTORXEY GENERAL ~ix other members appointed by the C'ollnty Commissioners. (Rec. 4.) "They sha II ha "e power" * * * (Section 8.'::. La ws of 1931) * .. * (sub-section 16.) "To transact all business, to make aJ1(1 execute all contracts, to acquire, holtI and dispose of. all propert~-. whether real or perf'oll'aL in the name of the county or school district. as the case may he; and generally to IlIlve, possess. f'xercise and enjoy all powers and au- thority necessary to execute the speci- fic ·powers, and to discharge the par- ticular duties hereinbefore conferred and imposed upon the board: but no- thing contained in this section shall be deemed or construed to confer any power or authority upon any board con- tra ry to the pro,-isions of sections 1016 and 4447, of the Reyised Codes' of Mon- tana of 1921, in an~- case where the provisions of these sections, or either of them, would otherwise be applic- ahle." The foregoing gives the BoartI of Trustees of the County High Schools power to make all contracts relating to high schools. Section 44: Chapter 148, Laws of 1931, as amended by Chapter 156. Ln ws of 1933, empowers the board to payout the funds for transportation of pupils hut does not take the power to contract from the County High School board in which it is vested by suhsection Hi of section 83, Laws of 1931. But section HI. Chapter 178, Laws of Hl::l::l, gives the County Commissioners power to review the budget of all school districtR. ns heretofore stated, and the budget item of expenditure to meet the requirements of a contract for transportation, etc .. would come under the SUl"JeITision of the County Commissioners in such re- vie\v.