A drain commissioner is an elected official in county government of the U.S. state of Michigan who is responsible for planning, developing and maintaining surface water drainage systems under Public Act 40 of 1956.[1] In counties with a population under 12,000, the office of drain commissioner may be abolished with its statutory duties and responsibilities performed by the county's board of road commissioners. Unlike other county-wide officeholders, drain commissioners were created by statute and are not mandated by the Michigan Constitution. Drain commissioners are elected on the partisan ballot in presidential election years for a term of four years.

History and reform

The office of drain commissioner dates to Michigan's statehood in 1837, as much of the state's land was swamps and wetlands. An early bill passed by the Michigan Legislature was a drainage act, which led to the creation of drain commissioners at the township level. In 1897, township drain commissioners were abolished and the position was transferred to county government.[2][3]

Over the years, proposals have been made to reform and even abolish the office. Successful efforts have changed the law to allow individual counties to rename the office to public works commissioner or water resources commissioner.[4]

An unsuccessful reform proposal in 2009 was led by the then-drain commissioner of Cheboygan County, Dennis Lennox, who sought to abolish the office in counties with a population of less than 35,000.[5] This proposal was introduced in both houses of the Legislature after being approved by the Cheboygan County Board of Commissioners.[6][7]

In 2012, the Schoolcraft County Board of Commissioners abolished the office of drain commissioner and transferred its duties and responsibilities to the county's road commissioners.[8]

Duties and responsibilities

It is the only elected office in Michigan that can directly levy taxes and borrow money without a vote of the people. This led one drain commissioner to declare he is more powerful than the governor.[9] While the powers of the drain commissioner are immense, the office has become a sinecure in some counties, meaning it requires little to no responsibility.

Nevertheless, drain commissioners are responsible for overseeing the county's drains. In Michigan, a drain may be a natural or artificial creek or ditch, or a massive pipe for carrying storm water. The territory served by a particular drain, its watershed, is typically organized as a drainage district and the drain commissioner levies tax assessments and directs construction or maintenance of drains and culverts on behalf of each district. Drainage districts are public corporations, with legal rights similar to other political subdivisions of state government. Counties typically have dozens even hundreds of drainage districts.

See also

References

  1. ↑ Michigan Legislature (March 28, 1956). "The Drain Code of 1956". Michigan Compiled Laws. Michigan Legislative Council. Chapter 280. Retrieved May 4, 2022.
  2. ↑ Cass County: History of Storm Drainage Archived January 30, 2016, at the Wayback Machine
  3. ↑ Muskegon County Drain Commissioner: What do Drain Commissioners do?
  4. ↑ MCL 280.21: County drain commissioner; election; term; temporary replacement; vacancy; bond; abolishment of office in certain counties; transfer of power and duties; effect of establishing department of public works or public improvement agency; election of public works commissioner; public hearing; abolishing office of public works commissioner; referring to office as drain commissioner; county governed by MCL 280.21a; change of name to office of water resources commissioner; criteria.
  5. ↑ "Drain commissioner wants to pull plug on his job". Capital News Service. 6 November 2009.
  6. ↑ HB 5216 (2009): Drains; drain commissioners; county drain commissioner; allow elimination or reestablishment of office.
  7. ↑ SB 758 (2009): Drains; drain commissioners; county drain commissioner; allow elimination or reestablishment of office.
  8. ↑ "Drain Commission eliminated". Pioneer Tribune. 22 March 2012.
  9. ↑ "Tisch: 'Drain Commissioner State's Most Powerful Man'". The Argus-Press. 17 May 1979.
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