Section 12.7 County Commission

• Library: Local Government Deskbook (2017 Ed.)

1. (§12.7) County Commission

The governing body of a county is the county commission, which is composed of three commissioners. Section 49.010, RSMo 2016. For the election of the commissioners, the county is divided into two districts that are to be contiguous and as near “in population as practicable, without dividing municipal townships.” Id. The two districts must be substantially equal in population; the portion of § 49.010 that prohibits division of townships is unconstitutional if it causes the districts to be unequal in population. Chapman v. Hoyt, 549 S.W.2d 869 (Mo. banc 1977). The county commission is a continuous body and not a mere succession of boards. Aslin v. Stoddard Cnty., 106 S.W.2d 472 (Mo. 1937).

A county commission is only the agent of the county with no power other than that granted by law. Jensen v. Wilson Tp., Gentry Cnty., 145 S.W.2d 372 (Mo. 1940). The county commission has legislative, executive, and quasi-judicial functions; almost all of its former judicial functions, however, were transferred to the circuit court and its...