STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 5898

May 12, 1981

COUNTIES:

Special meeting of board of commissioners

Appointment of commissioner to county office

A special meeting of a board of county commissioners where less than 10 days written notice was provided to the commissioners and all of the commissioners were not present was invalid. Action taken at such special meeting to appoint a former commissioner to a county board was invalid and of no force and effect.

A board of county commissioners may not appoint a commissioner to fill a vacancy in the office of member of the county social services board.

Mr. Paul J. Tomasi

Prosecuting Attorney

County of Keweenaw

400 E. Houghton Ave.

Houghton, Michigan 49931

You have requested my opinion on the question of the validity of a certain appointment by the Keweenaw County Board of Commissioners to fill a vacancy in the office of member of the Keweenaw County Social Services Board. You advise that the Keweenaw County Board of Commissioners is composed of five members. At a regular meeting held on December 12, 1978, the County Board of Commissioners voted to appoint a member of the Board of Commissioners to fill a vacancy in the office of member of the Keweenaw County Social Services Board effective January 1, 1979. The member's term on the County Board of Commissioners did not expire until December 31, 1978.

You advise further that on December 20, 1978, three members of the Keweenaw County Board of Commissioners requested in writing that a special meeting be held on December 22, 1978. One of the three members who requested the special meeting was the member who was appointed to fill the vacancy in the office of member of the Keweenaw County Board of Social Services on December 12, 1978. Although notice of this special meeting was posted 18 hours in advance of the meeting as required by 1976 PA 267, Sec. 5(4); MCLA 15.265(4); MSA 4.1800(15), the county clerk did not give written notice of the meeting to any of the members of the County Board of Commissioners. Oral notice was given to all commissioners and it should be noted that one commissioner received only seven hours notice.

At the special meeting held on December 22, 1978, three of the five commissioners were present. Two of the three commissioners requesting the special meeting were present. The member who was appointed to the office of member of the Keweenaw County Board of Social Services on December 12, 1978 did not attend the special meeting, and also not attending was the one remaining member of the County Board of Commissioners. At the special meeting, a written resignation from the County Board of Commissioners was read from the member appointed to the Keweenaw County Social Services Board. After reading the member's resignation and accepting it, the three commissioners present proceeded to appoint the said resigned member to fill the vacancy in the office of member of the Keweenaw County Social Services board.

Based on the above factual situation, you have requested my opinion on the following questions:

Your first question askes whether the December 22, 1978 special meeting of the Keweenaw County Board of Commissioners was a valid meeting so that the appointment of the resigned member to the vacancy in the office of member of the Keweenaw County Social Services Board was valid. 1851 PA 156, Sec. 10, as last amended by 1978 PA 51; MCLA 46.10; MSA 5.330, provides as follows:

There is no question that the meeting of December 22, 1978 was a special meeting of the Keweenaw County Board of Commissioners. It was not called in compliance with 1851 PA 156, Sec. 10, supra, in that 10 days written notice was not provided to each member of the board. Kalamazoo Township v Kalamazoo County Clerk, 339 Mich 619; 64 NW2d 595 (1954). Had all members of the board of commissioners been present, the meeting would have been a valid meeting. It has been held that a meeting of a township board is not a valid meeting unless duly called and board members notified in accordance with the statute, or all members of the board are present. Township Board of Beaver Creek v Thaddeus E. Hastings, Township Clerk, 52 Mich 528; 18 NW 250 (1884).

Since all of the members of the Keweenaw County Board of Commissioners were not present at the special meeting held on December 22, 1978, and since the meeting was not convened in accordance with 1851 PA 156, Sec. 10, supra, in that all members were not given timely, written notice as required thereby, the meeting was invalid and any action taken at the meeting was invalid.

It is my opinion, therefore, that the appointment of the former member of the Keweenaw County Board of Commissioners on December 22, 1978 to the Keweenaw County Social Services Board was invalid and of no force and effect.

Turning to your second question, appointment to a county social services board is controlled by 1939 PA 280, Sec. 46(1), as last amended by 1978 PA 224; MCLA 400.46; MSA 16.446, which provides as follows:

The office of county commissioner is an elective office. 1966 PA 261, Sec. 9; MCLA 46.409; MSA 5.359(9).

It is my opinion, therefore, that the action of the Keweenaw County Board of Commissioners in appointing one of its members to fill a vacancy in the office of member of the Keweenaw County Social Services Board was invalid.

Frank J. Kelley