1506. Compensation of clerk. 1507. Records kept at office of clerk. 1512. Indebtedness deducted. 1513. Board of canvassers-District judge to canvass-Clerk to issue certificate -Application for recount. 1514. May require new bonds of officers. 1515. To publish statement of finances. 1516. Not to contract debts not authorized by law. 1517. Salary-Proviso-Mileage. 1518. Board to fill vacancy in county and township offices. 1519. Duty of district attorney. 1520. District attorney not to advocate claims. 1521. Objections to claims-Made, how. 1522. Commissioners shall not be interested in contracts. 1523. When suit brought against county. 1525. Last section mandatory. 1527. County seal. 1528. Commissioners empowered to administer oaths. 1529. In case of tie vote. 1501. When elected-Terms of office-Vacancies, how filled. SECTION 1. At the general election of the several counties in this state, in A. D. eighteen hundred and seventy, by the qualified electors of each county, a board of county commissioners, to consist of three members, shall be elected, to possess such qualifications and to have such powers as hereinafter provided; provided, that in any county where, at the last general election, there were polled four thousand or more votes, such board shall consist of five members. At the general election in A. D. eighteen hundred and seventy, and at such election held every two years thereafter there shall be elected in such county one commissioner to serve upon the board of county commissioners for the term of four years; and a term of four years shall be known, both in this act and for the purpose of the election of county commissioners, as the long term; and the other commissioner or commissioners, as the case may be, necessary to fill the board, shall, at said election, be elected to serve upon the board for the term of two years; provided, that in any county or counties which are or shall be under the provisions of this act entitled to a board consisting of five county commissioners, two of the commissioners shall be elected to serve upon the board for the long term. In any county wherein at the last or any future general election there were or shall be polled for the first time four thousand or more votes, the board shall be increased to five members by appointment of the governor, and such appointees shall hold their office until the first Monday of January following the then next general election; and at such next general election in such county or counties, five county commissioners shall be elected as provided in this section of this act. Any vacancy or vacancies occurring in any board of county commissioners shall be filled by appointment of the governor, and such appointee or appointees shall hold his or their offices until the first Monday of January following the then next general election, except as provided otherwise in this act. As amended, Stats. 1869, 92. See secs. 283-284 (Constitution). The words "last general election," mean the last general election preceding the time when the commissioners are required by law to assume the duties of their office. (Leonard. J., dissenting.) State ex rel. Copeland v. Woodbury, 17 Nev. 337, 341 (30 P. 1006). Section 26, article 4 of the constitution (sec. 284 ante) does not prevent the legislature, after the board has been once created, from increasing or decreasing the number of commissioners which shall constitute the board. State ex rel. Copeland v. Woodbury, 17 Nev. 337, 341-350, 353–359 (30 P. 1006). 1502. Qualifications-Terms of office-Eligibility-Vacancy. SEC. 2. Said commissioners shall be qualified electors of their respective counties, and shall enter upon their duties on the first Monday of January succeeding their election, and shall hold their offices two or four years, as the case may be, as provided in this act; and the term of office of two years or four years, as the case may be, shall expire at twelve o'clock p. m. of the day preceding the first Monday in January following a general election. No county or township officer shall be eligible to the office of commissioner. On entering upon the discharge of the duties of his office, each commissioner, whether elected or appointed under the provisions of this act, shall take and subscribe to the oath of office as prescribed by law; provided, that in case such commissioner shall neglect or refuse, during the period of fifteen days from and after the first Monday of January succeeding his election, to take the oath of office as herein directed, his office shall be deemed vacant, and such vacancy shall be filled by appointment as provided in section 1 of this act; and, provided further, that the term of office of a person appointed to the office of county commissioners shall not by virtue of the appointment extend beyond the hour of twelve o'clock p. m. of the day preceding the first Monday of January next following a general election. As amended, Stats. 1869, 92. 1503. Meetings of board. SEC. 3. The meetings of the board of county commissioners shall be held at the county-seats of their respective counties on the first Monday of each and every calendar month; special meetings may be held at the county-seat for the transaction of business pertaining to the county whenever said meeting shall be authorized by the board by resolution duly adopted and entered upon its minutes at a regular meeting. The board shall also meet on the tenth day after each general election to canvass election returns. As amended, Stats. 1909, 217. The board of county commissioners is not a court as courts are defined in the constitution (ante, sec. 316). Such bodies may lawfully meet and transact business on the first day of January. Brumfield v. Douglas Co., 2 Nev. 65. Any meeting specially authorized by act of the legislature is valid irrespective of other provisions of the law regarding special meetings. After a board has adjourned to a day certain it has no power to revoke such order and meet at an earlier day. State v. Manhattan S. M. Co., 4 Nev. 319, 330, 331, 335. Any act of a board of county commissioners as such, between its regular meetings, is void where its records show that at the last regular meeting such meeting had been adjourned sine die and failed to show compliance with the provisions of this act relating to special meetings. State ex rel. Beck v. Washoe Co., 22 Nev. 15, 17 (34 P. 1057). 1504. Special meetings-Notice-Business restricted. a SEC. 4. If, at any time after the final adjournment of a regular meeting, the business of the county shall require a meeting of the board, a special meeting of the same may be ordered by a majority of the board. The order shall be entered on the records of the board, and the clerk shall give at least five days' notice of such special meeting to any member of the board not joining in the order; and shall give notice for one week, by publication in a newspaper, if one be published in the county; if none, by notice posted on the court house door. The order shall specify the business to be performed, and no other shall be transacted at such special meeting. See State v. Manhattan S. M. Co., under preceding section. 1505. Quorum-Clerk-Absence of chairman. SEC. 5. A majority of the board shall form a quorum for the transaction of business, and all sessions of the board shall be public. They shall elect one of their number as chairman of the board, and the county clerk shall be clerk thereof. The clerk shall keep a full and complete record of all the proceedings of the board, together with a full and complete alphabetical index and page citation of and for said record and proceedings, and all such proceedings shall be entered upon such record. The record of each day's proceedings of said board shall be signed by the chairman and the clerk. In case the chairman shall be absent at any meeting of the board, all documents, records, or papers requiring the signature of the board shall be signed by the members present. As amended, Stats. 1909, 140. If the authority of the board of county commissioners, acting under limited and special powers, to do a particular thing is questioned, their record must exhibit affirmatively all the facts necessary to give them authority to do such thing, otherwise the presumption is against their jurisdiction. State ex rel. Swift v. Ormsby Co., 6 Nev. 95. Whenever the jurisdiction of the board of county commissioners depends upon certain facts to be ascertained and determined by it, its record should show that it acted upon the evidence presented and adjudged the facts to be sufficient. Johnson v. Eureka 1506. Compensation of clerk. Co., 12 Nev. 28; Godchaux v. Carpenter, 19 The record is the proper evidence of the official doings of the board. The board has the right to amend the record when sitting as a board of equalization so as to make it conform to the truth, and an amendment made by order of the board of commissioners after they had ceased to sit as a board of equalization was admissible in evidence to show the facts upon which the board of equalization acted in reducing an assessment. State v. C. P. R. R. Co., 17 Nev. 260, 270 (30 P. 887). SEC. 6. The clerk shall receive a compensation for his services of five dollars per day for each day actually employed; in no case to exceed one hundred dollars per annum in the agregate, and no fee, or other compensation whatever, shall be allowed the clerk for any service connected with the proceedings or business of the board of county commissioners. Provisions of above section suspended by acts fixing salaries of the several county clerks. 1507. Records kept at office of clerk. SEC. 7. The books, records, and accounts of the board shall be kept at the office of the clerk of the board, and shall, during business hours, be open to public inspection free of charge. Cited, State ex rel. N. T. G. & T. Co. v. Grimes, 29 Nev. 59. 1508. Powers and jurisdiction of board. SEC. 8. The board of commissioners shall have power and jurisdiction in their respective counties: First-To make orders respecting the property of the county in conformity with any law of this state, and to take care of and preserve such property. Second-To examine, settle, and allow all accounts legally chargeable against the county, in the manner provided in this act; and to levy, for the purposes prescribed by law, such amount of taxes on the assessed value of real and personal property in the county as may be authorized by law; provided, the salary of the district judge need not be audited by the board, but the county auditor shall, on the first day of each quarter year, draw his warrant on the county treasurer in favor of the district judge, for the amount due such judge as salary for the quarter year preceding. Third-To examine and audit the accounts of all officers, having the care, management, collection, or disbursement of any money belonging to the county or appropriated by law, or otherwise, for its use and benefit. Fourth-To lay out, control, and manage public roads, turnpikes, ferries, and bridges within the county, in all cases where the law does not prohibit such jurisdiction, and to make such orders as may be necessary and requisite to carry its control and management into effect. Fifth-To take care of and provide for the indigent sick of the county, in such a manner only as is or may be provided by law. Sixth-To divide the county into townships and to change the divisions of the same, and to create new townships as the convenience of the county may require. Seventh-To establish, change, and abolish election precincts, and to appoint inspectors and judges of elections. Eighth-To control and manage the property, real and personal, belonging to the county, and to receive, by donation, any property for the use and benefit of the county. Ninth-Lease or purchase any real or personal property, necessary for the use of the county; provided, no purchase of real property shall be made unless the value of the same be previously appraised and fixed by three disinterested persons, to be appointed for that purpose by the district judge, who shall be sworn to make a true appraisement thereof, according to the best of their knowledge and ability. Tenth-To sell at public auction, at the court house of said county, after at least thirty days' previous public notice (in the same manner as required by law for the sale of like property on execution), and cause to be conveyed any property belonging to the county, appropriating the proceeds of such sale to the use of the same. Eleventh-To cause to be erected and furnished, a court house, jail, and such other public buildings as may be necessary, and to keep the same in repair; provided, that the contract for building the court house, jail, and other buildings, be let out, after at least thirty days' previous public notice, as provided in subdivision ten of this section-in each case of a readiness to receive proposals therefor-to the lowest bidder, who will give good and sufficient security for the completion of any contract which he may make respecting the same. But no bid shall be accepted which the board may deem too high. Twelfth-To control the prosecution or defense of all suits to which the county is a party; and to offer and allow rewards for the apprehension or conviction of defaulting or absconding county or township officers. Thirteenth-To do and perform all such other acts and things as may be lawful and strictly necessary to the full discharge of the powers and jurisdiction conferred on the board. As amended, Stats. 1871, 47. County commissioners can only exercise such powers as are specially granted, or as may be necessarily incidental for the purpose of carrying such powers into effect; and when the law prescribes the mode which they must pursue in the exercise of these powers, it excludes all other modes of procedure. Waitz v. Ormsby Co., 1 Nev. 370, 376, 377; State ex rel. Hess v. Washoe Co., 6 Nev. 104; State v. C. P. R. R. Co., 9 Nev. 79; Sadler v. Eureka Co., 15 Nev. 39, 41; Godchaux v. Carpenter, 19 Nev. 415 (14 P. 140); State ex rel. Beck v. Washoe Co., 22 Nev. 15 (34 P. 1057); Lyon Co. v. Ross, 24 Nev. 102, 109-113. County commissioners have authority under subdivision 12 above to employ attorneys to protect the interests of the county in litigation affecting it and to bind their county by contracts for the payment of such attorney's fees. Ellis v. Washoe Co., 7 Nev. 291–293. This section confers upon the board the power to employ counsel other than the district attorney, and as a consequence to ratify the act of an unauthorized agent in employing such counsel. Facts amounting to a ratification recited. Upon such ratification the county became bound to pay what the services were reasonably worth. Clarke v. Lyon County, 8 Nev. 182, 188. The county commissioners have no power, to compromise and settle suits instituted by the state for the collection of delinquent taxes. The only authority giving county commis sioners power to reduce or in any manner change taxes as assessed is vested in them as boards of equalization; and when acting in that capacity they must comply literally with the plain provisions of the statute. The county commissioners can neither release the property from the lien nor discharge the property owner from his obligation. State v. C. P. R. R., 9 Nev. 79, 89. Clause 11 of above section cited, Evans v. Job, 8 Nev. 342. It is the duty of the commissioners to provide an office, at the expense of the county for some of the county officers; but this duty rests to a great extent, in the discretion of the commissioners. To hold a county liable for rent of an office, the officer must be one who is by law made the custodian of public records, to which the public are at all reasonable times entitled to access; or one who is by law required to keep his office open for the accommodation of the public and for the transaction of public business. The officer must show that he demanded of the commissioners a suitable office and that they failed and refused to furnish it. Owen v. Nye County, 10 Nev. 338, 341. Cited, Gibson v. Mason, 5 Nev. 312. A writ of certiorari will not be issued to review claims against a county which have been audited, allowed and paid. The power of commissioners to allow accounts against the county is confined to those "legally chargeable," and a writ of certiorari will issue to review their action. State ex rel. Beck v. Washoe Co., 14 Nev, 66, The commissioners in the construction of a court house, have the power without further advertisement, to contract for any alterations or changes in the original plans and specifications, provided the same, in the aggregate, do not amount to the sum of $500, but if further changes are ordered to be made, the commissioners must advertise for doing such work and provide for letting the same to the lowest bidder. Sadler v. Eureka Co., 15 Nev. 39, 41. The legislature has no power by a special act to repeal the general law regulating county business, or dispense with its provisions in favor of a particular person, leaving it in force as to all others. The fact that the board of commissioners of a county has no power under the general law to examine or allow any account against the county except such as is legally chargeable against it does not authorize the passage of a special law directing the allowance and payment of an account which could not be allowed under the general law. Williams v. Bidleman, 7 Nev. 68, 73. The making of an order by a board of county commissioners whereby it is ordered that a firm of attorneys be employed in a certain litigation in which the county is interested, is not the exercise of judicial functions, and such order will not be reviewed on certiorari. (Bonnifield, J., dissenting.) State ex rel. Thompson v. Washoe Co., 23 Nev. 247, 254 (45 P. 529). The sale of property acquired by the county from delinquent tax sales, the assessed value whereof is $100 or more, can be made only at public auction and after thirty days published notice. Lyon Co. v. Ross, 24 Nev. 102, 109-113 (50 P. 1). If a county obtains money or property of others without authority of law, it will be compelled to make restitution, upon the principle that an obligation rests on a persons, natural or artificial, to do justice. Humboldt Co. v. Lander, 24 Nev. 462 (56 P. 228). The commissioners are the only officers authorized generally to purchase supplies, or enter into contracts on behalf of the county. State ex rel. Caughlin v. Alt, 22 Nev. 211 (37 P. 486). Cited, State ex rel. Thompson v. Washoe Co., 23 Nev. 254, 45 P. 529. The statute provides the funds into which the commissioners may apportion moneys, and if they create a fund for their own convenience in the management of fiscal affairs of the county such fund has no standing in law. State ex rel. Holley v. Boerlin, per Norcross, J., concurring, 30 Nev. 480, 98 P. 402. Under subdivision 4 above, an engineer, authorized to supervise the repairs of a bridge, could not bind the county by requiring the contractor to perform work not called for by the contract. Lund v. Washoe Co., 31 Nev. 227, 233 (101 P. 550). See other sections of this act following for additional powers and duties of county commissioners. Absence, leave of, power to grant to certain county officers, secs. 1566–1568. Actions against county, where brought, sec. 5013. Advertising, official, may contract for, sec. 2867. Apiaries, to appoint inspectors of, secs. 477–478. Audit and examination of accounts of revenue officers, duty to provide for twice each year, secs. 2855-2860. Board of examiners, members of, duties of, secs. 1549-1551. Bounties, artesian wells, duty to make examination, secs. 704, 705, 709, 710, 716. Boundary of counties, may require surveyor-general to run line for, sec. 4349. Assessor, sec. 3705. Public administrator, secs. 1616, 2873. Bonds, justice of the peace and constable, official to approve, secs. 4927–4928. Bounties, noxious animals, duty to pay, secs. 722-727. Budget of county expenses, duty to make, may not exceed except upon special authorization, secs. 3826-3829. Children, apprenticeships, power to bind to, secs. 483-497, 2919. County building, duty to provide, secs. 1552-1554. County funds, power to transfer money in, secs. 1540-1700. County officers, bonds of, duty to prove, secs. 1664, 1665, 1675, 2872, 2873, 2890, 4928. County recorder, duty to fix bond of, sec. 1628. County records, may contract for index to, secs. 1560, 1561. County revenues, duty to apportion, secs. 1555-1559. County treasurer, delinquent, may remove, sec. 1685. Detention homes, required to maintain in counties of over 10,000 population, sec. 742. District attorney, duty to fix penalty of bond, sec. 1594. District attorney, duty of to attend meetings of commissioners and give opinions to, secs. 1602, 1604. District attorney, may make deduction from salary of for neglect of duty, sec. 1597. Equalization, board of, commissioners to constitute, powers and duties, secs. 3638–3641, 3693, 3793, 3839, 3844. Exhibits of county products, powers and duties in relation to, may levy special tax for, secs. 3935-3940. |