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. 6753 March 24, 1993 INCOMPATIBILITY: Member of city commission and city housing commission An individual may simultaneously serve on the Benton Harbor City Commission and the Benton Harbor Housing Commission, if authorized to do so by the city commission, since the City of Benton Harbor has a population of less than 25,000. Honorable Harry Gast State Senator The Capitol Lansing, Michigan You have asked whether an individual may simultaneously serve on the Benton Harbor City Commission and the Benton Harbor Housing Commission. 1978 PA 566, MCL 15.181 et seq; MSA 15.1120(121) et seq, governs the incompatibility of public offices. Section 2 of that statute prohibits one person from simultaneously holding two or more incompatible public positions. Section 1(b) of 1978 PA 566 defines incompatible offices as: [P]ublic 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. The Benton Harbor Housing Commission was created pursuant to 1933 PA 18, MCL 125.651 et seq; MSA 5.3011 et seq. 1933 PA 18 grants to the Benton Harbor City Commission supervisory authority over the housing commission as follows: Housing commission members may receive compensation for actual expenses incurred in amounts determined by the legislative body of the city, section 4(4); a housing commission shall make an annual report of its activities to the governing body of the city as well as any other reports the city commission may require, section 9; and all deeds, contracts, leases, or purchases entered into by the housing commission, except contracts for the purchase of necessary materials, leases with tenants and options, shall be in the name of the city and shall be approved by the governing body of the city, section 11. The foregoing elements of supervision and subordination render the positions incompatible under section 1(b)(i) and (ii) of 1978 PA 566. See, OAG, 1985-1986, No 6282, p 40 (March 29, 1985). However, the analysis of your question does not end with the preceding determination. Section 3 of 1978 PA 566 was amended by 1992 PA 10 and now provides, in relevant portion: (4) Section 2 shall not be construed to do any of the following: (c) Limit the authority of the governing body of a city, village, township, or county having a population of less than 25,000 to authorize a public officer or public employee to perform, with or without compensation, other additional services for the unit of local government. (5) This section does not relieve a person from otherwise meeting statutory or constitutional qualifications for eligibility to, or the continued holding of, a public office. (6) This section does not apply to allow or sanction activity constituting conflict of interest prohibited by the constitution or laws of this state. [ Emphasis added.] The population of the City of Benton Harbor is currently less than 25,000. The individual would clearly fall within the language of section 3(4)(c) quoted above, which permits the performance of "other additional services for the unit of local government" if authorized to do so by the governing body of the city. See, also, OAG, 1993-1994, No 6748, p ___ (February 2, 1993). It is my opinion, therefore, that an individual may simultaneously serve on the Benton Harbor City Commission and the Benton Harbor Housing Commission, if authorized to do so by the city commission, since the City of Benton Harbor has a population of less than 25,000. Frank J. Kelley Attorney General