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. 6642

January 2, 1990

INCOMPATIBILITY:

Member of board of edcation--part-time athletic coach

A person may not simultaneously serve as a member of the board of education of a school district and as a part-time athletic coach employed by the same school district.

Honorable Francis R. Spaniola

State Representative

The Capitol

Lansing, MI

You have requested my opinion on whether a person may simultaneously serve as a member of a board of education and be employed as a part-time athletic coach in the same school district.

1978 PA 566, MCL 15.181 et seq; MSA 15.1120(121) et seq, prohibits the holding of incompatible public positions and establishes the standards under which incompatibility is to be determined. MCL 15.181(b); MSA 15.1120(121)(b), defines "incompatible offices" as follows:

"Incompatible offices" means public offices held by a public official which, when the official is performing the duties of any of the public offices held by the official, results in any of the following with respect to those offices held:

(i) The subordination of 1 public office to another.

(ii) The supervision of 1 public office by another.

(iii) A breach of duty of public office.

Thus, the subordination of one public position to another or the supervision of one public position by another, will render the two positions incompatible. These standards apply not only to public offices, but also to public employment. MCL 15.182; MSA 15.1120(122); OAG, 1979-1980, No 5626, p 537, 541 (January 16, 1980).

Applying these standards to your question, it is clear that the office of school board member is incompatible with employment as a part-time athletic coach in the same school district. This is so because of the direct supervisory authority a school board member has over school employees, including part-time athletic coaches, in terms of hiring, establishing compensation and working conditions, as well as the the termination of employment. See, OAG, 1985-1986, No 6368, p 296 (June 5, 1986) (member of board of education of a school district may not be employed as a bus driver by same district). See also, OAG, 1981-1982, No 6029, p 532 (January 20, 1982) (city commissioner and member of downtown development authority board); OAG, 1981-1982, No 6067, p 646 (May 13, 1982) (member of board of trustees of county hospital and employee of the hospital); OAG, 1981-1982, No 6083, p 689 (July 7, 1982) (township supervisor and township manager).

It is my opinion, therefore, that a person may not simultaneously serve as a member of a board of education and as a part-time athletic coach employed by the same school district.

Frank J. Kelley

Attorney General