Montana Attorney General Opinion 15-522

Opinion No. 522 Bmlget Act-Transfers of Funds- Mistake, Correction of-County Commissioners. HELD: The correction of honest mis- takes in expenditures by a transfer to the fund from Which the expenditure should and could legally hal-e been made to the fund from which it was mistakenly made, does not violate the spirit, intent and purpose of the Budget Act. May 1, 1934. You hal-e requested my opinion on the question whether funds may be transferred from the Poor Fund to the Hond Fund in an amount to cover ex- penditures made by mistakes from the Road l!und instead of from the Poor Fund. If the county commissioners find it. to be a fact that a mistake was made 356 OPINIONS OF THE ATTOIU,EY GE~ERAL in paying for a certain item from the Road Fund when it should ha'-e been paid, and could legally ha ye been paid, out of the Poor Fund, we know of no legal reason why the county com- missioners may not, by proper resolu- tion and act, correct such error if it be in the interest of the county to do so. The Budget Act, relating to trans- fers, does not, in my opinion, apply to and prevent the correction of honest mistakes in appropriations by the coun- ty commissioners. The correction of such mistakes does not violate tile spirit, intent and pur.pose of the Budget Law.