AGO 1996-145.

• Case Date: February 29, 1996
• Court: Alabama

Alabama Attorney General Opinions 1996. AGO 1996-145. 1996-145February 29, 1996Honorable Steven R. Ballard Financial Officer/Clerk DeKalb County Commission Suite 200 111 Grand Avenue S.W. Fort Payne, AL 35967 Counties - County Commissions - Signatures - Warrants - Purchasing1. The DeKalb County Commission, as part of its policy making, may by official resolution designate a person to approve and issue purchase orders.2. The county commission by official resolution may designate a person other than the chairman of the county commission to draw warrants on the county treasury or depository.Dear Mr. Ballard: This opinion is issued in response to your request for an opinion from the Attorney General. QUESTION 1 May the DeKalb County Commission either collectively or by official resolution give authority to another person or one of their members to approve and issue purchase orders on behalf of the Commission? FACTS, LAW AND ANALYSIS My research does not reveal any state or local law regarding the approval and issuing of purchase orders in DeKalb County. Thus, the authorization to approve and issue purchase orders is a policy determination to be made by the county commission. Code of Alabama 1975, _ 11-3-11(1) authorizes a county commission to direct, control, and maintain the property of the county. Pursuant to Code, _ 11-12-14 and _ 11-8-13, the county commission is to supply county officers -- the probate judge, sheriff, tax collector, tax assessor, and county treasurer, or custodian -- with office supplies, such as suitable books, stationery, postage, and telephones. According to Code, _ 11-8-3 and _ 11-8-13, the county commission is to prepare a budget for the fiscal year. County officials must give the probable amount of orders and supplies that they will need for that year. The county commission upon adopting the budget may designate by resolution an individual to approve and issue purchase orders in accordance with the budget approved by the county commission. Considering the control of the county commission over property of the county and its duty to supply county officers with office supplies, the DeKalb County Commission, as part of its administrative policy making, may by official resolution designate a person to approve and issue purchase orders. Of course, purchases made pursuant to the competitive bid law...