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. 5230 October 3, 1977 SCHOOLS AND SCHOOL DISTRICTS: Member of constituent board of education simultaneously serving as a member of an intermediate board of education. INCOMPATIBILITY: Member of constituent board of education simultaneously serving as a member of an intermediate board of education. As a result of statutory change, a member of a constituent local board of education is eligible to serve as a member of the intermediate board. Honorable Robert D. Young State Senator The Capitol Lansing, Michigan 48901 You have requested my opinion in a matter which may be stated as follows: May a member of a constituent local board of education also serve on an intermediate board of education? The 1976 School Code, 1976 PA 451, Sec. 612(1); MCLA 380.612(1); MSA 15.4612(1) provides: 'A member of a board of constituent district shall be eligible to election or appointment to membership on the intermediate school board.' In enacting this statute, the legislature has shown by clear and unequivocal language its intent to abrogate the common law principle that one person may not simultaneously occupy two incompatible offices. In OAG, 1965-1966, No 4129, p 75 (May 11, 1965), I stated that there was a problem of divided loyalty on the part of a person who held the offices of member of a constituent board of education and of member of the intermediate board of education. Under those circumstances, the two officers were incompatible. However, as a result of the current statute, the opinion expressed in OAG, 1965-1966, No 4129, p 75 (May 11, 1965) is no longer viable. Therefore, it is my opinion that a member of a constituent local board of education may also serve on an intermediate board of education. Frank J. Kelley Attorney General