Montana Attorney General Opinion 15-54

Opinion No. 54 County Commissioners-Per Diem- Poor Relief. HELD: A county commissioner is not entitle<l to more than hi~ statutory per diem for services rendered for ali- ministering the county poor relief fund even it hough he has been designated b~: the hoard to do so and the work re- quires pmcticaJly all of his time or six days a week. January 30, 1!l88. You ha\'e submitted to this office the question of whether you are en- titled to pay for administeIing the poor rel'ief where you have been deSignated hy the other members of the board to do so and the work requires practically all your time. You state that Missoula County is now a fifth class county. Under this classification the commis- sioners are authorized to meet for one three days' session the first of each month and other two day sessions when necessary and proper notice is given, Your county has estnblished n countv fuel yard and county commissary which have rcsulted in matel;al say- 46 OPINIONS OF THE ATTOH:-:EY GEXERAL ings to the county poor farm. There are some 2400 people in the county re- eeh'ing 'aid from this source. Super- lising this work takes full time or six anys a week. You wish to know wheth- er you can be paid for the additional I-illle when the board is not in session. Section 4521 Hedsed Codes of :M:on- bUla of 1921 pro\'idcs: "The Board of Count~' Commissioners are vested with ell'tin~ and exclusive superintendence of the poor." In the case of Jones v. Cooney, 81 1\'Iont. 340, 263 Pac. 429, our Supreme Court had under consideration the various statutory enactments relative to the manner of caring for the poor. After viewing these statutory provi- sions and the history of this legisln tion the court said: "The policy of the legislature as disclosed br the enact- ments referred to has been to repose discretion in the commissioners respect- ing the care of the sick, poor and in- firm. Nowhere do we find any positivc airection respecting that matter." And again: "It is plain that supenisory and regulatory powers in the matter are reposed in the commissioners. They are gil'en wide latitude with respect to rules and regulations authorized by statute." And further: ;"Vhen the character of the legislation enacted by territory and sta'te \lith relation to the care of the poor is considered and analyzed as a whole one is led inevi- tably to the conclusion that it has been and is the poLicy of the law making body to repose in the county commis- sioners a wide discretion in the care of the indigent, poor, sick and infirm of their respective counties." It is a general rule that whenever a power is conferred upon the board of c"Ouuty commissioners but the mode in which the authority is to be exereised is not indicated the hoard in its dis- cretion may select any proper mode or course of procedure. Fishel' v. Still- water County, 81 1\'Iont. 31, 261 Pac. 607. Section 4531 provides: "Any per- son seeking relief must make appliea- mon to any member of the board, who; before granting an order for relief, must require Sll'tisfactory evidence that he has been a resident of the county for two months immediately preceding the day upon which the application is made." 'Vhile <these general pronSlOns for the care of the poor as construed by our cQurt are I'ery broad and are ample to authorize any method of doing the work even to the exten t of designating one member to look after all cases, stlill that is not sufficient to satisfr you for your question is whether yon can draw pay at the per diem rate fixed by law for each day you are occupied, where the board is not in seSsion, and it is admitteu that the amount of work is sufficient to occupy all your time for six days each week. In the cases of State v. SWry, 53, !\'Iont. 573, and State ex J·el. Paine v. District Com·t, 53 1\'Iont. 350, our Su- preme Court announced the rule that unless the statute anthorizes payment for sen'ices required to be rendered by a public 'official none can be lawfull~' made. I find no provision of law at;- thorizing payment for days when the board is not convened as sudl. You ore therefore addsed accordingly.