AGO 84-9.

Case Date:June 15, 1984
Court:Colorado
 
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Colorado Attorney General Opinions 1984. AGO 84-9. June 15, 1984Department of Law Attorney General Opinion FORMAL OPINION of DUANE WOODARD Attorney General Opinion No. 84-9AG Alpha No. NR AD AGAMX David H. Getches, Executive Director Department of Natural Resources 1313 Sherman St., Room 718 Denver, CO 80203 RE: Limitations on the authority of the executive director of the Department of Natural Resources to transfer the accounting functions of the State Board of Land Commissioners to the controller of the Department of Natural Resources Dear Mr. Getches: This letter is in response to your memorandum of March 10, 1984 in which you requested an attorney general's opinion regarding your legal authority to transfer the accounting functions of the State Board of Land Commissioners ("the Land Board") to the controller of the Department of Natural Resources ("the department"). QUESTION PRESENTED AND CONCLUSION Your request for an attorney general's opinion presents the following question: Is there any statutory or constitutional provision which would prevent the executive director of the department from transferring the accounting functions of the Land Board from the Land Board to the controller of the department? My conclusion is "yes." The Land Board's constitutional mandate is to act as trustee for the public lands; as trustee, the Land Board must retain direct control over the accounting for the trusts. Moreover, the statutes regulating the Land Board specifically provide that its accounting functions be performed by the deputy register of the Land Board, whose position is a statutory creation. No statutory provision authorizes the executive director of the department to transfer the Land Board's accounting functions. ANALYSIS The reorganization which you propose in your memorandum would abolish the Land Board's chief accountant's position, move its cashier to the staff of the department's controller, and place the Land Board's accounting functions under the direction of the department's controller. One must look at the relationship between the department and the Land Board, as well as at the Land Board's constitutional status, to determine whether this proposed reorganization is within the executive director's administrative power. Pursuant to the Administrative Organization Act of 1968, section 24-1-101 to 136...

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