50-30
Counties
Cite as N.D. Op. Att'y Gen. 50-30
OPINION
50-30
February 14, 1950
COUNTIES
RE:
Commissioners May Not Allot Funds Among Districts to be Spent by
Individual Commissioners
I am in receipt of your letter of February 7, 1950.
In your letter you state that the board of county commissioners has in mind
some sort of allocation of funds to the different commissioner districts. That
this allocation would “take the total amount of money raised by taxation within
the county and dividing the same by the number of commissioner districts, and
then let each commissioner spend his share of said money in his respective
commissioner district.”
I do not see how such a procedure would be possible even with the consent of
the commissioners themselves, much less if there is disagreement among the
commissioners.
The county money is spent by the board of county commissioners acting as a
board and must conform to the budget which has been drawn up for the county.
There is no provision for spending the money by any single commissioner acting
alone. Nor do I think it is possible by organizing the county districts by
townships to accomplish this result. If the money is raised by the township it
is spent by the township officers.
Therefore, it is my opinion that the board of county commissioners may not
allocate the county funds according to commissioner districts, nor may they
accomplish this result by organizing each district into townships and have a
township raise the money so that it may be spent by the separate commissioners.