Op. Atty. Gen. 390a-14

• Court: Minnesota Attorney General Reports
• Decided: June 9, 1999
• Status: Published

Opinion

SI-IERIFFS: MO'I`OR VEHICLES: County Board has authority to specify color of SheriE’s squad cars. Minn. Stat. §§ 169.98 subd- l (a); 375.18 subd. 2; 387.29 subd. 2.

390a-14*

June 9, 1999

Ross E. Ameson

Blue Earrh County Attorney Government Center

410 South Fifth Street

P.O. Box 3129

Mankato, MN 56002-3129

Dear Mr. Arneson:

In your letter to Attorney General Mil

FACTS

The Blue Eaxth Counly Board of Commissioners {hereinafter “county board”) has informed the County Sheriff (hereinafter “sheriff”) that it wants the sheriff to order white squad cars. The sheriff wants to order brown squad cars. The sheriff has threatened to appeal his budget under Mi_mlesota Statutes section 387.20 unless he can order brown squad cars.

You ask the tollowing:

QUES'HON

Who has the authority to specify the color of the county squad cars, the county board or the sheriff'?

OPINION Minnesota Statutes § 169.98. subd. l(c) (1998) requires that the motor vehicles of the county sheriffs office be predominantly brown or white but does not specify Who has the

authority to choose the color. In our opinion the county board has r_`ne authority to specify the

color of the county squad cars.

Ross E. Anderson June 9, 1999 Page 2

Each county board in the State of Minncsota has the general power to manage the county property, ftmds, and businch unless it is otherwise provided for. M.inn. Stat § 375.18, subd. 2 (1998). "l`his authority generally extends to making determinations concerning the facilities and equipment to be acquired for use by county officials See e.g., Currz's v. Lz`m:oln Coumjv_, 161 N.W. 210 (Minn. 1917) (county board’s duty to provide a jail includes the duty to determine its construction and equipment); Op_ At`ty. Gen. ?85, September l, 1950 (decision whether to furnish radio broadcast cq'uipmcnt).

On the specific subject of motor vehicles, Minn. Stat. § 387.29_. subd. 2 (1998) provides that “the board of county commissioners .. . may furnish to the sheriff of the county such necessary motor vehicles and supplies therefor as are needed to carry out the duties of office.” 'I'his language has been interpreted as recognizing broad discretion in the county board in the matter of deciding what “vehicles and supplies” will be nunished to the sherill". See Op. Atty. Gen- 390a-l l. Dec. 5, 1966. 'l'his broad discretion would seem to include authority to choose the color of the motor vehicles 'l`hat authority may be distinguished from Minn. Stat. §387.03 (1998) Whic`n states that the sheriff can purchase boats and other equipment when authorized by the county board 'Ihat statute appears to give the sheriff the authority to decide Which boats and “other equipment” to purchase including the color_. but requires the sheriff to obtain approval from the county board.

We were unable to find a Minnesota stanitc that provides that anyone other than the county board has the authority to decide the color of the county squad cars. There is language in section 387.29, subd. 2, however, that suggests that the county board might be expected to grant some deference to thc views of the sheriff when deciding the particulars of the squad cars. Thc statute gives the county board authority to furnish the sheriff with “‘necessary motor vehicles . . . as are needed to carry out the duties of office.” We would assume that the sheriff would have

valuable input on what type of motor vehicles are needed to carry out his duties

Ross E. Anderson June 9, 1999 Page 3

In sumniary, it is our opinion that the county board has the ultimate legal authority to

decide the color of the sheriffs squad cars, but should take into account the views of the sheriff when making this decision Very truly yours,

MIKE I-IATCH Attorney General

THERESA MEINHOLZ GRAY Assistant Attorney General