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favorably refers to cases in other jurisdictions stating that a <br />governmental entity may bind its successors on the latter, but not the <br />former. The stated purpose of such a policy is to "protect the public by <br />insuring that each governing body has available to it the powers <br />necessary to effectively carry out its duties". To allow today's elected <br />body to perpetuate its policies beyond its elected term of office would <br />frustrate the citizen's ability to exemise its will at the ballot box. (AG's <br />referenced letter, citing Lobolito, Inc. v. North Pocono School Dist., 722 <br />A.2d 249, 252 (Pa. Commonw. Ct. 1998).) <br /> <br />The AG's opinion does not provide an exhaustive listing of what <br />constitutes "governmental and legislative powers" versus "business or <br />proprietary powers". However, it does provide some perspectives. <br />For example, the situation the AG was reviewing dealt with whether a <br />park district could enter into: ('1) a multiple year lease/contract with the <br />local YMCA to lease the YMCA pool, and (2) hire the YMCA to manage <br />it. The AG determined that a park board's determination on what <br />services to provide, whether those services included a swimming pool <br />and at what location were the essence of governmental functions for a <br />park board and hence could not bind successor boards. The AG also <br />found that the management contract for the pool fell into a similar <br />category, rather than the "business or proprietary" category. <br /> <br />On the other hand, "business or proprietary powers" have been <br />generally described as ones that a board is not statutodly required to <br />perform, may be taken on by private enterprise or undertaken as a <br />means to raise revenue. Lobolito. 722 A.2d at 252. Those <br />circumstances do not apply to the above-referenced resolution. <br /> <br />County Commission Powers & Obligations Regarding a Jail <br /> <br />Several statutes deal with county powers and obligations relating <br />specifically to jails. For example: NDCC §11-10-20 requires the <br />Commission to provide for a county jail; NDCC § 11-11-16 allows the <br />Commission to provide for the purchase, erection, repair and <br />maintenance of jails, and for the purchase of a site for a jail; and NDCC <br />§11 -'~ 1-19 allows the Commission to acquire land for a jail or prevent <br />the erection of other buildings near the courthouse or jail if such <br />buildings inconvenienced the transaction of public business without a <br />vote of the public. <br /> <br />Page 3 of 5 <br /> <br /> <br />