Montana Attorney General Opinion 16-10

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.