The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5408 December 18, 1978 MENTAL HEALTH CODE: Member of a county mental health board serving as employee of an agency having a contractual relationship with the county program. OFFICE AND EMPLOYEES: Member of a county community mental health board serving as employee of an agency having a contractual relationship with the county program. Pursuant to Sec. 222 of the Mental Health Code, 1974 PA 258, a community mental health board may not contract with an agency when a member of the board is an employee or representative of that agency. Honorable Gary Byker State Senator The Capitol Lansing, Michigan You have requested my opinion on the following questions: '1. In a case where duly appointed members of a county community mental health board are also employed by a state college, will a contract for research services between the board and the college affect the eligibility of the board members who are college employees to serve? '2. If that eligibility would be affected would the board members who are employees of the research services provider be subject to immediate removal by the county board of commissioners pursuant to MCLA 330.1224? Would the board members who are employees of the research services provider be ineligible for reappointment if their terms expire during the contract period? Would the board members who are employees of the research services provider only be required to reveal to the board their relationship with the service provider and abstain from voting on the contract for services?' Your opinion request arises out of a situation in which a community mental health board is considering entering into a contract with a college which employs two members of the board. Community mental health programs are authorized by Chapter 2 of the Mental Health Code, 1974 PA 258, MCLA 330.1001 et seq; MSA 14.800(1) et seq. 1974 PA 258, supra, Sec. 222 establishes the following requirements for membership on a community mental health board: 'A board member shall have his primary place of residence in the county he represents. An employee of the department, an employee of the county program, or an employee or representative of an agency having a contractual relationship with the county program may not be appointed to serve on a board.' (emphasis added) Thus, 1974 PA 258 ,supra, Sec. 222 prohibits the appointment of certain persons to serve on the board. A statute must be construed to effectuate its spirit and purpose. Aikens v Department of Conservation, 387 Mich 495, 499; 198 NW2d 304, 306 (1972). The purpose of 1974 PA 258, supra, Sec. 222 is to prevent a person who represents one party to a contract from attempting to represent the interests of the other party at the same time. When a contractual relationship already exists between a community mental health board and another agency, the statute prohibits the appointment of an employee of that agency to the board. To effectuate its purpose, Sec. 222 must be read to also prohibit the board from entering into a contract with an agency when a member of the board is already an employee of the agency. It is therefore, my opinion, in answer to your first question, that under 1974 PA 258, supra, Sec. 222, a community mental health board may not contract with an agency when a member of the board is an employee or representative of that agency. The answer to your first question makes an answer to your second question unnecessary. Frank J. Kelley Attorney General