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SHERIFFS: MOTOR VEIIlCLES: County Board has authority to specify color of Sheriff's squad cars. �tinn. Stat.§§ 169.98 subd. 1 (a); 375.18 subd. 2; 387.29 subd. 2.
390a-14'
June 9, 1999
Ross E. Arneson Blue Earth 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 Mike Hatch you submit the followjng:
FACTS
The Blue Earth Co'Wlty Board of Commissioners (hereinafter "county board") has informed the County Sheriff (hereinafter "sheriff') tha1 it wants the sheriff to order white squad cars. The sheriff wants to order bro'\VD. squad cars. The sheriff has threatened to appeal his budget under Minnesota Statutes section 38i.20 unless he can order brown squad cars.
You ask the following:
QlJESTION Vlho 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 sheriff's office be predominantly brown or white. but does not specif}' who has the authority to choose the color. In our opinion the county board has tile authority to specify the color of the coun,;y squad cars.
Ross E. Anderson June 9, 1999 Page2
Each county board in the State of Minnesota has the general power to manage the county property, fimds, and business L1n1ess it is otherwise provided for . .Minn. Stat. § 375.18, subd. 2 ( 199 8). This authority generally extends to making determinations concerning the facilities and equipment to be acquired for use by county officials. See e.g., Curtis v. Lincoln County, 161 N.W. 210 (Minn. 1917) (county board's duty to provide a jail includes the duty to determine its construction and equipment); Op. Atty. Gen. i85, September 1, 1950 (decision whether to furnish radio broadcast equipment). 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 ll:I.Otor vehicles and supplies therefor as are needed to carry out the duties of office.'' This language has been interpreted as recognizing broad discretion in the county board in the matter of deciding what "vehicles and supplies" will be furnished to the sheriff See Op. Atty. Gen. 390a-1 l. Dec. 5, 1966. This broad discretion would seem to include autho:rity to choose the color of the motor vehicles. TI1at authority .c:1ay be di�l'l1.lished from Minn. Stat. § 387.03 (1998) which states that the sheriff can purchase boats and other equipment when authorized by the county board. 1bat statute appears to give foe sheriff the authority lo decide which boats and "other equipment" to purchase, including the color, �u.t requires the sheriff to obtain approval from the county board. We were unable to find a .Minnesota statute 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 the views of the sheriff when deciding the particulars of the squad cars. The statute gives the county board authority to flllllish 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 summary, it js our opinion that the coW1ty board has the ultimate 1egal authority to decide the color of the sheriffs squad cars, but should take into accowit the views of the sheriff
when making this decision.
Very truly yours,
MIKE HATCH Attorney General
TIIERESA METh'HOLZ ORAY Assistant Attorney General