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. 6873 September 22, 1995 PUBLIC SERVICE COMMISSION: Member of Public Service Commission also serving as a university faculty member A faculty member employed by a public university in Michigan may not simultaneously serve as a member of the Public Service Commission; acceptance of the latter position of member of the Public Service Commission vacates the former position of university faculty member by operation of law. Honorable John D. Cherry, Jr. State Senator The Capitol Lansing, Michigan You have asked if a faculty member employed by a public university in Michigan may simultaneously serve as a member of the Public Service Commission (PSC). According to the information you provided with your opinion request, a university faculty member was appointed to the PSC several years ago but still maintains his position on the university faculty. Section 1 of the act creating the PSC, 1939 PA 3, MCL 460.1; MSA 22.13(1), provides, in pertinent part, that: During his term no member [of the PSC] shall serve as an officer or committee member of any political party organization or hold any office or be employed by any other commission, board, department or institution in this state. In Attorney General ex rel Moreland v Common Council of the City of Detroit, 112 Mich 145; 70 NW 450 (1897), the Supreme Court determined that the simultaneous holding of the offices of Mayor of the City of Detroit and Governor of the State of Michigan violated Const 1850, art 5, Sec. 15, which prohibited anyone holding state office from executing the office of Governor. (1) The Court concluded that the Governor vacated the office of mayor upon taking the oath of office of Governor, explaining as follows: This section of the Constitution renders the two offices incompatible, as does the rule of the common law already discussed; and the general rule that the acceptance of a second vacates the first of two offices that are incompatible is not only the rule of the common law, but is held to apply to incompatibility growing out of constitutional provisions in several of the cases hereinbefore cited. [Citations omitted.] Attorney General ex rel Moreland, 112 Mich at 174. This controlling precedent compels the conclusion that upon taking the oath of office of member of the PSC, the person in question vacated his employment at the public university. Based upon the applicable judicial decisions, OAG, 1979-1980, No. 5743, p. 886 (July 22, 1980), concluded that, in light of section 1 of 1939 PA 3, a member of the PSC vacated the office of chairperson and member of a board of trustees of a community college district upon taking the oath of office of member of the PSC. The opinion explained, at pages 886-887, as follows: If language employed in a statute is plain, certain and unambiguous, a bare reading suffices and no interpretation is necessary. Board of Road Commissioners v Wayne County Clerk, 293 Mich 229; 291 NW 879 (1940); Washtenaw County v Washtenaw County Board of Supervisors, 341 Mich 388; 67 NW2d 105 (1954). Thus, it is evident that a member of the Public Service Commission, during the member's term, is not permitted to hold any office or be employed by "any other commission, board, department or institution in this state." It has been held that when a person has been appointed to and accepts a public office under a constitutional provision or statute which makes such office holder ineligible to hold any other public office, the office holder is deemed to vacate the other public office held upon taking the said oath of office. State ex rel Van Antwerp v Hogan, [283] Ala 445; 218 So 2d 258 (1969); McWilliams v Neal, 130 Ga 733; 61 SE 721 (1908). It is clear then that a member of the PSC cannot maintain a position on the faculty of a public university during his or her term of office. It is also clear that upon taking the oath of office of member of the PSC, a member of the PSC vacates any public employment. This conclusion is supported by authority analyzing other prohibitions on the holding of other public office or employment by certain public officers. For example, OAG, 1983-1984, No 6165, p 135 (June 29, 1983), concluded that Const 1963, art 4, Sec. 8, which prohibits members of the Legislature from holing other public office or employment, requires a person elected to the Legislature to resign from public school employment. That opinion also concluded, at page 136, that "a member of the Legislature who fails to resign from public school employment vacates the public school employment position upon acceptance of the legislative office." Subsequently, OAG, 1991-1992, No 6699, p 82 (September 16, 1991), concluded that a member of the Legislature must resign from employment with a state university in order to comply with Const 1963, art 4, Sec. 8. That opinion, at page 83, noted the rule that assuming a seat in the Legislature vacates any incompatible employment by operation of law. It is my opinion, therefore, that a faculty member employed by a public university in Michigan may not simultaneously serve as a member of the Public Service Commission; acceptance of the latter position of member of the Public Service Commission vacates the former position of university faculty member by operation of law. Frank J. Kelley Attorney General (1)