Montana Attorney General Opinion 15-33

Opinion No. 33 County ·Conunissioners-Per Diem- E)..'penses-Lobbying. HIDLD: A member of the Board of County Commissioners has no right to attend the legislative session at Helena, at the expense of the county, including OPIXIOXS OF TI-m A'l"l'UHXEY UEXEHAL 35 per diem. to look after a bill in whicb the coun ty is in terested. January 20, 19aB. You have asked for an opinion from this office as to the ri~ht of a member of the board of county commissioners to attend the legislative session at Hel- ena, aot the expense of the county, in- eiU(ling per diem, to look after a bill before the assembly in which the county is interested, and bearing upon this question, we cite YOIl the following statutes and decisions. Section 1632, R. C. M., 1921, as amend- ed hy Chapter 1i6, Laws of 1929; Sec- tion 443 R. C. 1\1., 1921, as amended by Chapter 48, Laws of 192i, and as fur- ther amended by Chapter 86, Laws of 1n31; and Section 460i, R. C. M., 1921, set forth the rights of county commis- sioners to compensation for senices. Under the construction of these stat- utes, we conclude that a member of the board of county commissioners is not l'ntitled to any compensation for any se1'\'ices that he might assume to ren- der ,to the county, except those set out in the pro\'isions of the statutes cited, nnd, as you will note, taking any part in legislation and having the county hear the expense of the party who as- sumes to look after the interest of the county in the assembly in relation to any bill hefore the assembly affecting the county, is not one of the duties enu- merMed as the duty of any member of the board of county commissioners, ]]01' is the expense connected with any such activity authorized to be paid out of county funds. In the case of State vs. Story, 53 ;\Iont. 5i3, 583, the court used this language: "It may be said that, as re- slIects per diem, a commissioner may receive $8 per day for each day's at- tendance upon sessions of the board and for each day hriven to inspection of llontract roadwork under order of the b()ard, but shaIl receive no othel' com- pensation. In e\'ery instance his claim must be verified as other claims." The amendments to the Codes as set uut abo\'e, have been made since the deei.sion in State vs. Story, and change slightly the right of the members of the board to perform services at the ex- pense of the county. This is true in regard to granting a member of the board the right to attend certain meet- ings at the expense of the county, hut there is nothing in the statute justify- ing a member of the board drawing ex- penses and per diem for rendering any such senice as that to which you refer. Opinion No, 35 Counties-Pool'-l\fedical Aid and Hos- pitalization-Publication of Proceed- ings of County Commissioners' Meetings, HELD: The cuunty must give med- ical aid and hospitalization to poor persons, even though such persons re- ".ide in an incorporated town, since the poor of a city are a coullty charge. It is mandatory upon the board of c'Ounty commissioners to publish the proceedings of their meetJings in the county newspaper. February 18, 1!)33. You ha\'e requested an opinion of this office on the following questions: "1. Is a county compelled to give medical aid and hospitalization ,to anyone living in an incorporated town? 2. Would the poor of a city become a county charge'! 3. Is it compulsory for a county to have minutes of commissioners' proceedings published in a local newspaper?" In reply to the first question, your a t- tention is called to Section 4465, R. C. )1., Hl21, as Hmended by Chapter 1)5 of the Session Laws of 1!l23. The fore- Iwing provisions of the Codes and the Session Laws relate to the general powers of the board of county commi.s- sioners, and subdi\'isions 5 and I) of such powers are as follows: "5. To provide for the Cll re and maintenance of the indigent "ick or the otherwi'se dependent poor of the county; erect and maintain hospitals therefor, or otherwise pro\'ide for the same; ... " "9. To cause to be erected and fur- nished a court house, jail, hospital. and such other public buildings liS may be necessary." 'E\'ery city within any county is. of course, a part of that county and liS the law places the care of the poor and their hospitalization under certain cir- cumstances entirely upon the county. there i.s no duty imposed upon the city to look after or care for the poor.