4. ROLE OF THE BOARD OF SUPERVISORS Introduction Each member of the board of supervisors serves for four years. Counties that have a population of over 200,000 have a board consisting of five members and counties having a population of less than 200,000 have a board consisting of three members. A three-member board may be increased to five members if petitioned and approved in a special election. This chapter explains the role of the board of supervisors, as defined by the Arizona Revised Statutes. This chapter includes a discussion of the authority, obligations, liability and limitations of the board, as well as a short discussion on operating methods and intergovernmental operations. Authority The county board of supervisors is the body authorized by statute to establish and operate a system of county roads. A.R.S.§11-251 is the statute that defines the powers of the board. With respect to county highways and related highway functions, A.R.S.§11-251 states: 4. Lay out, maintain, control and manage public roads, ferries, and bridges within the county and levy such tax for that purpose as may be authorized by law. 29. Enter into agreements for acquiring rights-of-way, construction, reconstruction or maintenance of highways in their respective counties, including highways which pass through Indian reservations, with the government of the United States, acting through its duly authorized officers or agents pursuant to any act of Congress, except that the governing body of any Indian tribe whose lands are affected must consent to the use of its land, and any such agreements entered into prior to June 26, 1952 are validated and confirmed. 11. Levy such tax annually on the taxable property of the county as may be necessary to defray the general current expenses thereof, including salaries otherwise unprovided for, and such other taxes as are required to be levied by law. 14. Direct and control the prosecution and defense of all actions to which the county is a party, and compromise them. The term "lay out" with reference to roads and highways is clarified in the case Maricopa County v. Anderson (1957). The court said: Arizona Counties Highway Manual 4 - 1 Revised 2004 The question of what is meant by the words "lay out," when used in reference to roads and highways, has frequently been before the courts, and it has practically universally been held that the term is comprehensive and includes all the steps necessary to establish a highway for public use, including the location of the road, the acquiring of the right-of-way, and the dedication to the public in the manner provided by law... To assist the board in fulfilling their role, A.R.S.§11-561 authorizes the board to appoint a county engineer. Chapter 5, Functions of a County Engineer, describes, in detail, the role of the county engineer under the direction of the board. In general, the powers of the board with respect to supervision of county personnel are described in A.R.S.§11-251, under such limitations and law prescribes restrictions as: 1. Supervise the official conduct of all county officers and officers of all districts and other subdivisions of the county charged with assessing, collecting, safekeeping, managing or disbursing the public revenues, see that such officers faithfully perform their duties and direct prosecutions for delinquencies, and, when necessary, require the officers to renew their official bonds, make reports and present their books and accounts for inspection. 10. Examine and exhibit the accounts of all officers having the care, management, collection or disbursement of money belonging to the county or appropriated by law or otherwise for the use and benefit of the county. 11. Examine, settle and allow all accounts legally chargeable against the county, order warrants to be drawn on the county treasurer therefore and provide for issuing the warrants. The authority to establish, alter or abandon county highways is granted to the county board of supervisors by A.R.S.§28-6701. This statute, which describes the statutory basis of county highways, is discussed in Chapter 3, County Highways - Statutory Basis. A.R.S.§28-6701 states: A. The board of supervisors may establish, alter or abandon a highway in the county and other legal subdivisions and acquire real property for these purposes by purchase, donation, dedication, condemnation or other lawful means. B. A highway in the county or any other legal subdivision may be established or altered by presentation of a petition that is signed by ten or more resident taxpayers of the county to the board of supervisors or to the board of supervisors by the governing body of a legal subdivision, . The board of supervisors may either reject the petition or act on the petition as prescribed by this article. The board of supervisors may abandon or vacate these highways by resolution as provided in Chapter 20, Article 8 of this title. Arizona Counties Highway Manual 4 - 2 Revised 2004 A.R.S.§28-6703 provides the process for such a hearing. Action by the board to establish a county highway allows the board to expend public funds on that highway. In State ex rel. Herman v. Cardon (1976) it was determined that streets are not public highways unless they have been accepted by the board of supervisors. Obligations, Liability, Limitations A.R.S.§11-201 states general powers of a county, which are exercised by the board of supervisors. These powers reflect the obligations and liability of the county. This statute states: A. The powers of a county shall be exercised only by the board of supervisors or by agents and officers acting under its authority and authority of law. It has the power to: 1. Sue and be sued. 2. Purchase and hold lands within its limits. 3. Make such contracts and purchase and hold such personal property as may be necessary to the exercise of its powers. 4. Make such orders for the disposition or use of its property as the interests of the inhabitants of the county require. 5. Levy and collect taxes for purposes under its exclusive jurisdiction as are authorized by law. 6. Determine the budgets of all elected and appointed county officers enumerated under section 11-401 by action of the board of supervisors. B. Except for the purposes of acting as an intermediary in a license transfer or sale, a county shall not own a commercial cable television system or any other pay television system. C. A.R.S.§11-251.05, subsection A, paragraph 1 does not authorize a county to levy and collect taxes for any purposes beyond those otherwise specifically authorized by statute. Liability regarding highway engineering practice is discussed in Chapters 5, 10, 11, 12, and 15. Operating Methods Actions by a board of supervisors to lay out, maintain, control and manage public roads and bridges include: • Establish county highways by resolution. • Establish a county highway (or transportation) department to operate, maintain and improve the county highway system. • Hire and terminate employees of a county highway department. Arizona Counties Highway Manual 4 - 3 Revised 2004 • Appoint and give instructions to a county engineer and/or director to administer the county highway department. • Authorize, through the county budgeting process, expenditure of funds for the purpose of operating, maintaining and improving county highways. • Establish legal ordinances to regulate the use of county highways. • Award contracts to private engineering firms for design of highways and bridges. • Award contracts to private contractors for construction of highways and bridges. • Establish operating and capital expenditure programs for maintenance and construction of highways and bridges. • Review and approve or disapprove proposed subdivision plats including improved streets and highways. • Establish standards of highway improvement required for acceptance of highways and bridges for county maintenance. • Levy property taxes, as permitted by statute, for purposes of highway and bridge maintenance and improvement. • Accept and utilize designated funds from state and federal sources for maintenance and improvement of highways and bridges. Intergovernmental Operations Counties are authorized by statute to enter into agreements with other public agencies. "Public agencies" include the Federal Government or any federal department or agency, Indian tribes, the state of Arizona, any other state, all departments, agencies, boards, and commissions of this state and any other state, counties, school districts, cities, towns, all municipal corporations, and any other political subdivision of this state or any other state. The requirements for entering into intergovernmental agreements and contracts are spelled out in A.R.S.§11-952. This statute states, in part: A. If authorized by their legislative or other governing bodies, two or more public agencies by direct contract or agreement may contract for services or jointly exercise any powers common to the contracting parties and may enter into agreements with one another for joint or cooperative action or may form a separate legal entity, including a nonprofit corporation, to contract for or perform some or all of the services specified in the contract or agreement or exercise those powers jointly held by the contracting parties. B. Any such contract or agreement shall specify the following: 1. Its duration. 2. Its purpose or purposes. 3. The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget therefor. Arizona Counties Highway Manual 4 - 4 Revised 2004 4. The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination. 5. If a separate legal entity is formed pursuant to subsection A, the precise organization, composition, title and nature of the entity.