16-10
Montana Attorney General Opinion 16-10
Length: 610 wordsOfficial source
Cite as 16 Mont. Op. Att'y Gen. No. 10
Opinion No. 10.
County Surveyor-Deputy, Salary of
-Employees, Wages of --Co un-
ty Commissioners.
HELD: The County Commissioners
have a supervisory power concerning
the employment and wages or salary
of deputy county surveyors and of men
and teams by the county surveyor,
and if it clearly appears that the ex-
penses incurred by a county surveyor
are unreasonable or excessive such
claims may be reduced or disallowed
by the county commissioners.
10
OPINIONS OF THE ATTORNEY GENERAL
December 18, 1934.
Mr. J. P. Freeman
Deputy County Attorney
Great Falls, Montana
You ask what authority the county
commissioners have in relation to the
salary and wages of a deputy county
surveyor and teams and men em-
ployed by the county surveyor.
Chapter 179, Laws of 1931, pro-
vides: "The County Surveyor of all
counties having a total registered vote
of fifteen thousand (15,000) or over,
at the last general election shall * * *
employ deputies, men and teams, and
discharge at his pleasure such depu-
ties, men and teams, and determine
how, when and where such deputies,
men and teams shall work; * * *"
Under this statute considerable dis-
cretion is given to the county sur-
veyor in the employment of deputies,
men and teams. The statute does not
so expressly state but in the first in-
stance I believe the statute contem-
plates that the county surveyor may
fix a reasonable compensation for
same. This power would seem to be
implied. However, the law is fully
settled that the governing body of a
county is its county commissioners.
"Except as otherwise provided by
law, a board of county commissioners
or county supervisors ordinarily ex-
ercises the corporate powers of the
county. It is in an enlarged sense
the representative and guardian of
the county, having the management
and control of its property and finan-
cial interests, and having original and
exclusive jurisdiction over all mat-
ters pertaining to county affairs."
(15 C. J. 456).
The powers of county commission-
ers are fixed by Chapter 100, Laws
of 1931, amending Section 4465, R. C.
M. 1921. Among such powers it is
provided:
"18. To fix the compensation of
all county officers not otherwise in
this code or by general or special
law fixed, and provide for the pay-
ment of the same; * * "
"22. To represent the county, and
have the care of the county prop-
erty, and the management of the
business and concerns of the county
in all cases where no other provision
is made by law; * * *"
Subsections 1 and 12 of the same
section, and Sections 4605 and 4610,
R. C. M. 1921, also refer to the super-
visory power of county commissioners.
In the case of In re Hyde, 73 Mont.
363, the principle was recognized that
while the county attorney was au-
thorized under the law to employ a
stenographer in case he found it nec-
essary to do so in the performance
of his official duties, yet the county
commissioners had a supervisory au-
thority to investigate the necessity of
such employment and the reasonable-
ness of the charges therefor. See also,
Manley v. Harer, 73 Mont. 253.
It therefore follows that the coun-
ty commissioners have a supervisory
power in this connection, and if it
clearly appears that expenses incurred
by a county surveyor are unreason-
able or excessive, such claims may be
reduced or disallowed by the county
commissioners.
The power of the
county commissioners, however, may
not be arbitrarily exercised and any
claimant whose claim is improperly
or unreasonably disallowed or reduced
may have an appeal to the courts for
redress as in other cases.