Colorado State Bd. of Social Services v. Billings, 25267
| Decision Date | 12 August 1971 |
| Docket Number | No. 25267,25267 |
| Citation | 175 Colo. 380,487 P.2d 1110 |
| Parties | The COLORADO STATE BOARD OF SOCIAL SERVICES, Plaintiff-Applellant, v. Glenn K. BILLINGS et al., Defendants-Appellees. |
| Court | Colorado Supreme Court |
Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Douglas D. Doane, Sp. Asst. Atty. Gen., Denver, for plaintiff-appellant.
Samuel S. Telep, Thomas A. Connell, Greeley, Schneider, Shoemaker, Wham & Cooke, Ronald Lee Cooke, Elwyn F. Schaefer, Denver, for defendants-appellees.
The appellant, called the state board, brought an action in the district court to compel Weld County, through its board of county commissioners, to defray 20% Of the welfare costs in the county. The district judge refused to enter a temporary restraining order and then upon stipulation of counsel placed his decision in a final, appealable form. Appeal was taken to our court of appeals and almost immediately thereafter the matter was certified to this court under the provisions of 1969 Perm.Supp., C.R.S.1963, 37--21--9. We reverse and hold that a mandatory injunction should issue.
Several different types of welfare benefits are involved, being aid to (1) indigent tuberculars, C.R.S.1963, 119--2--1 et seq., as amended; (2) needy disabled, C.R.S.1963, 119--6--1 et seq., as amended; (3) the blind, C.R.S.1963, 16--2--1 et seq., as amended; and (4) dependent children, 1967 Perm.Supp., C.R.S.1963, 119--9--1 et seq., as amended.
In each type of aid the state has obligated itself to reimburse the counties for 80% Of the costs of the aid and administration expenses, subject to certain requirements which the counties must meet. There is a difference in wording of comparable provisions in the statutes relating to aid to dependent children, on the one hand, and in the statutes relating to the other three types of benefits, on the other hand. Principally by the use of the word 'shall' instead of 'may' in portions of the provisions concerning the other three types, the mandatory character of the legislation requiring counties to pay 20% Is beyond question. On oral argument, counsel for the appellees conceded that the county is liable for 20% Of the cost of the program for indigent tuberculars, needy disabled, and the blind. Therefore, our attention will be directed to the statutory provisions relating to aid to dependent children.
The state board is the agency which administers public welfare programs on behalf of the state. The board of county commissioners in each county is the county board of public welfare, whose duties are to appoint the county director of public welfare and fix his salary in accordance with a salary schedule prescribed by the state department of public welfare. C.R.S.1963, 119--1--10 and 11. So far as we are advised, these and approval of the hiring of the county department staff are the only duties placed upon the county board, acting as such.
1967 Perm.Supp., C.R.S.1963, 119--9--12 provides as follows in regard to aid to dependent children:
The budget for 1971 prepared by the county welfare department estimated that the county's 20% Share would amount to $1,114,378, which would require a levy of 5.51 mills. The board of county commissioners in contrast made a levy for welfare for the year 1971 in the amount of 3.0 mills, to produce an estimated $602,790. When mid-year 1971 approached, it appeared that the funds that Weld County had appropriated for this purpose would be substantially exhausted by the end of July 1971. The state board on July 1, 1971, entered an order directing the county commissioners of Weld County to make sufficient county funds available for the remainder of 1971 in order that the county's 20% Share would be paid. The county commissioners have not complied with the order and have indicated that, in the absence of a judicial mandate, they will not do so.
While other questions are presented here, upon some of which we will later have comment, the fundamental question--and the one we first approach--is, irrespective of its lack of welfare money produced by its Ad valorem tax, does a county have to defray 20% Of the benefits awarded under the aid to dependent children statutes and of the costs incident thereto. We answer the question in the affirmative and hold that our statutes create such a mandate.
Colo.Const. art. V, § 1 provides that, 'The legislative power of the state shall be vested in the general assembly * * *.' A county and its board of county commissioners have only such powers and authority as are granted by the general assembly, and they must carry out the will of the state as expressed by the general assembly. Board of County Commissioners v. Love, 172 Colo. 121, 470 P.2d 861 (1970).
A substantial portion of public welfare money administered by the counties comes from federal grants paid to the state, and by the state in turn paid to the counties. Our public welfare statutes and the amendments thereof have been adopted in the light of federal requirements that the public welfare benefits must be allocated and expended in accordance with the state's plan by All the political subdivisions of the state handling the administration of the matter, I.e., in Colorado, the counties. 42 U.S.C. § 602; and 45 C.F.R. § 205.120, as found in 36 Fed.Reg. 3862 (1971).
We find exhibited in the Colorado statutes a legislative intent that each county must bear 20% Of the welfare costs expended by it, and that one county cannot bear a lesser percentage than another. The state department of public welfare must require as a condition for a county to receive grants-in-aid that the county shall bear the proportion of total expense of furnishing aid as fixed by law. C.R.S.1963, 119--1--5. The board of county commissioners are authorized to make appropriations to defray the cost of 'necessary welfare services within the county.' 1969 Perm.Supp., C.R.S.1963, 119--1--15. The county welfare budget is to contain, among other things, 'the estimated amount required to be raised by county taxation in order to meet the county's share of the cost of public welfare.' C.R.S.1963, 119--3--5. The state department of social services is required to take such action as may be necessary or desirable for carrying out the provisions of the welfare laws and all 'rules and regulations made by the state board shall be binding on the counties and shall be complied with by the respective county departments * * *.' 1969 Perm.Supp., C.R.S.1963, 119--9--2(1)(c). 1969 Perm.Supp., C.R.S.1963, 119--9--5 provides:
'The amount of assistance or aid to families with dependent children which shall be granted shall be on the basis of budgetary need as determined by the county department, with due regard to any other resources and in accordance with rules and regulations made by the state board, which may include the use of tables, standards, and other criteria with respect to such determination of budgetary need.'
1969 Perm.Supp., C.R.S.1963, 119--9--8 provides as follows:
1967 Perm.Supp., C.R.S.1963, 119--9--12 provides:
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