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. 6863 August 11, 1995 INCOMPATIBILITY: County planning commissioner and township board member The position of county planning commissioner is not incompatible with membership on a township board in a township which has not adopted a township zoning ordinance. Honorable Walter H. North State Senator The Capitol Lansing, Michigan You have asked if the position of county planning commissioner is incompatible with membership on a township board in a township which has not adopted a township zoning ordinance. The Legislature addressed incompatibility of public offices in 1978 PA 566, MCL 15.181 et seq; MSA 15.1120(121) et seq. Section 1(b) of 1978 PA 566 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. Section 2 of 1978 PA 566 states, in pertinent part, that "a public officer or public employee shall not hold 2 or more incompatible offices at the same time." OAG, 1995-1996, No 6837, p ___ (February 23, 1995), concluded that the positions of county planning commissioner and township board member are incompatible under 1978 PA 566 where the township has acted to establish a zoning ordinance because of the participation of both bodies in the township zoning process. The basis for this conclusion was that, under section 10 of the Township Rural Zoning Act, 1943 PA 184, MCL 125.271 et seq; MSA 5.2963(1) et seq, the county planning commission may review and make recommendations to the township board concerning the adoption of proposed zoning ordinances before the township board decides whether to adopt the proposed ordinances. Thus, "[a] person acting simultaneously as a member of the township board and county planning commission would be required, as a member of the township board, to pass on his or her own work as a member of the county planning commission," creating a supervisory/subordinate relationship between the two positions. OAG, 1995-1996, No 6837, supra. Townships are not required to adopt zoning ordinances. Section 1 of the Township Rural Zoning Act specifies that townships boards "may provide by zoning ordinance for the regulation of land development." (Emphasis added.) According to the information accompanying your opinion request, the township in question has chosen not to adopt any township zoning ordinances. All zoning in this township is done by the county under the County Rural Zoning Enabling Act, 1943 PA 183, MCL 125.201 et seq; MSA 5.2961(1) et seq. Thus, the township zoning process described in OAG, 1995-1996, No 6837, supra, does not occur in this township, and the incompatibility that arises between the positions of county planning commissioner and township board member when townships adopt zoning ordinances does not exist. Research discloses no other statute that requires county planning commissions and township boards to review one another's work, creating a statutory incompatibility between the two positions. Accordingly, in that situation, the positions of county planning commissioner and township board member are compatible, unless and until a matter arises involving both the the county planning commission and township board that would render a person holding office on both bodies unable to protect, advance and promote the interests of both offices, resulting in a breach of duty of public office. In that situation, the position would become incompatible under section 1(b)(iii) of 1978 PA 566. OAG, 1993-1994, No 6747, p 5 (January 14, 1993). It is my opinion, therefore, that the position of county planning commissioner is not incompatible with membership on a township board in a township which has not adopted a township zoning ordinance. Frank J. Kelley Attorney General