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Show CITES LAW OX SITUATION IX THE COUNTY OP EMERY" It is improper and irregular for the county commissioners of Emery county, or any other county .for that matter, to act as foremen on state road work and in turn approve their own pay rolls,' according to an opinion opin-ion rendered today by Attorney-General Harvey H. Cluff, in reply to a query from Commissioner Ira R. Browning of the state road commission. commis-sion. Mr. Cluff advises that the claims presented by two of the county commissioners com-missioners of Emery county be disapproved dis-approved by the. state road commission. commis-sion. The pay roll under dispute is that presented to the road commission commis-sion by Peter Nielson, road agent for Emery county, in which the names of two of the county commissioners appear as foremen. An opinion was asked as to the legality of the commissioners com-missioners acting in this capacity and also as to the advisility of approving approv-ing the policy of appointing county commissioners as foremen on state road work. Replying, Mr. Cluff points out that the law specifically provides that salaries for the county officers shall be full compensation for all services of any kind, and description rendered. Mr. Cluff also cites the law reading, "No member of the board must be interested, directly or indirectly, in any property purchased for the use of the county, or in any purchases or sales of any property belonging to the county, or in any way contract made by the board, or other person on behalf of the county for the erection erec-tion of public buildings, the opening or improvement of roads or the build ing of bridges or for any other purpose." .now in the case at hand." the opinion reads: "The names of two county commissioners com-missioners appear on the pay roll of the state road commission. Yet I understand the facts, this pay roll is nresented by Peter Nielson, road agent, ag-ent, whose appointment as such was ?ecured by these same county commissioners, com-missioners, and these same county commissioners have placed their approval ap-proval upon this pay roll; which, of course is important. Consequently, it seems to me that the practice of county commissioners acting as fore men in cases like this one is, to say the least, very Improper and irregular. irregu-lar. I would not care to say that this claim is wheflly illegal, inasmuch inas-much as it is a payroll of the state road commission, but the very fact that the connection and relationship between the state road commission and the county commissioners and thecounty road agent is so close as to make their interests almost identical, iden-tical, the same seems to be sufficient fo warrant the adoption of a policy forbidding county commissioners to participate in such work, especially ts foremen. "There ere many reasons whv such policy should be adopted: First ;t is possible that the county commissioners com-missioners might be acting as foremen fore-men and drawing salaries for such work, while at the same time such commissioners should be, as county commissioners, looking after and supervising the work, and thus be Irawing pay for two jobs, which would be illegal. Again, the practice prac-tice does not tend to the best interests. inter-ests. It leaves the way open for cri-'icism, cri-'icism, gives opportunities for practices prac-tices that may be irregular no matter mat-ter how honest the commissioners may be, and it is my opinion that you should adopt a policy of disapproving disap-proving any such claims." A |