2a. Jail--Citizens' group - Laserfiche WebLink

Honorable Elwood Thorpe Septe~ber 13, ~999 Page 2 has available to it the powers necessary to effectively carry out its duties." Piedmont Public Service Dist. v. Cowar~ 459 S.E.2d 876, 881 (S.C. Ct. App. 1995), aff'd 478 S.E.2d 836, 838 (S.C. 1996) (power of ~perpetual succession" does not alter application of general rule). This distinction is critical, because the doctrine here at issue has its roots in our fundamental notions of democratic government. We select public officials, ]eglslative or executive, whom we believe will carry out the policies intended by the electorate. If they fail to do so, or ~f the people conclude that new pollc~es are in order, they can be voted out of office. To allow an elected body to perpetuate its policies beyond its term of o~ice would frustrate the ability of the citizenry to exercise its will at the ballot box. Lobolito, Inc. v. North Pocono School Dist~ 722 A.2d 249, 252 (Pa. CoIw~onw. Ct. 1998). The 1987 opinion to Representat~vs Schneider dealt with the appointment of a city achnin~strator and whether that appointment could be for a period of three years. The opinion noted that the city corm~is~ion making the appointment would have one or more of its members up for reelection in less than one year from the time of the conu~encement of the anticipated appointment. The Attorney General furth~ noted that the general rule followed in nearly all jurisdictions relating to employment contracts and public officers is tha~ ~he appointment and removal of public officers ~s a governmental function and~ as such, the municipal governing body cannot engage a public officer by contract for a term extending beyond the term of its own members. The management agreement conte[~plated by the park district and %~4CA in your request is an emplo~cnt arrangement between the city park district and the YMCA to provide management services, it is therefore of an employment nature and is subject to the rules stated in the 1987 opinion. It is therefore my opinion that such a management contract arrangement may not obligate the board beyond the term of the board The other portion of your query relates to the leasing by the park district of the YMCA's swimming pool. As noted above, the powers and duties gJv~n to park district board members are broad, and the board inherently needs to make decisions on what recreational and other park facilities will be provided by an individual park district based on the interests of its citizens and its available revenue. Determining whether to provide swiI~ing facilities, and at what locations, as opposed to other sorts Of recreational faci]it[es is the essence of governr~ental decisio~making for a park district. ~The establisb~nent and maintenance of public parks have been held by majority rule to constitute an exercise of a gov~nmenta] or legislative power, as distinguished from the business of a city for private benefit and gain