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. 5270 February 27, 1978 CONSTABLES: Limitation of powers imposed by township board TOWNSHIP BOARD: Limitation of powers of constable TOWNSHIPS: Limitation of powers of constable LAW ENFORCEMENT OFFICERS TRAINING COUNCIL ACT: Constables INCOMPATIBILITY: Township constable and township police officer Township board may restrict the authority of constables to enforce criminal statutes. Constables who enforce criminal statutes must comply with the training requirements of the Law Enforcement Officers Training Council Act unless waived by the training council pursuant to the act. Positions of township constable and township police officer are not incompatible. Honorable John F. Toepp State Senator The Capitol Lansing, Michigan 48909 You have requested my opinion regarding the following three issues: 1. Whether 1846 RS, c 16, Sec. 82, as last amended by 1976 PA 426; MCLA 41.82; MSA 5.74, mandates or permits restrictions on the activities of township constables in enforcing criminal statutes. 2. Whether 1846 RS, c 16, Sec. 82, as last amended by 1976 PA 426 contains any waiver provisions which would allow a constable to enforce criminal statutes without having complied with the training requirements of 1965 PA 203, Sec. 9, as amended; MCLA 28.609; MSA 4.450(9). 3. Whether the positions of township constable and township police officer are incompatible. Previous Attorney General opinions, OAG, 1952-1954, No 1563, p 33 (September 3, 1952); 1 OAG, 1957-1958, No 3104, p 502 (November 8, 1957); II OAG, 1957-1958, No 3293, p 217 (August 13, 1958); and OAG, 1975, No 4898, p ___ (October 24, 1975), have noted that constables are peace officers who may arrest for a felony, or misdemeanor committed in their presence, and that constables' responsibilities may not be restricted by township authorities. However, subsequent to the issuance of the foregoing opinions, 1976 PA 426 was enacted. This act substantially expanded the power of township boards to regulate the duties of constables. 1846 RS, c 16, Sec. 82, supra, provides: '(1) . . . A township board, by ordinance, may restrict or limit the powers of a township constable prescribed by state law. If the township requires the constable to perform both statutory criminal and civil duties, a person elected or appointed to the office of township constable shall comply with the minimum employment standards established by the law enforcement officers training council pursuant to section 9 of Act No. 203 of the Public Acts of 1965, as amended, being section 28.609 of the Michigan Compiled Laws. The cost of complying with these standards shall be borne by the township.' Therefore, the answer to your first question is that township boards may restrict the authority of constables, to enforce criminal laws. In answer to your second question, 1846 RS, c 16, Sec. 82, as amended by 1976 PA 426, does not contain any provisions which authorize waiver of the minimum standards established by the Law Enforcement Officers Training Council Act, 1965 PA 203, Sec. 9, as amended; MCLA 28.609; MSA 4.450(9). However, pursuant to 1965 PA 203, supra, Sec. 9(a), the minimum training requirements may be waived by the training council where: '(i) The person has previously completed the mandatory training requirements and less than 1 year of police service, has voluntarily or involuntarily discontinued his work as a law enforcement officer, and is again employed within 1 year after discontinuing work as a police officer. '(ii) The person has served more than 1 year and less than 5 years, has completed the mandatory training requirements, and takes employment with another police agency within 18 months of discontinued service. '(iii) The person has served 5 years or more and takes employment with another police agency within 2 years of discontinued service. '(iv) The person is a member of a sheriff's posse or police auxiliary temporarily engaged in the performance of his duties and while under the direction of the sheriff or police departments.' Therefore, it is my opinion that constables may not enforce the criminal laws of the State without having complied with the minimum training requirements established under 1965 PA 203, Sec. 9, supra, unless they can demonstrate one of the aforementioned waiver provisions is applicable. In answer to your third question, the pertinent rule is stated at 67 CJS, 'Officers', Sec. 23, p 138 and cited in OAG, 1961-1962, No 3261, p 257, 259 (February 1962): '. . . the general rule is that the inconsistency which as common law makes offices incompatible, does not consist in the physical impossibility to discharge the duties of both offices, but lies rather in a conflict of interest, as where one is subordinate to the other and subject in some degree to the supervisory power of its incumbent, or where the incumbent of one of the offices has the power of appointment as to the other office, or the power to remove the incumbent of the other, or to audit the accounts of the other, the question being whether the occupancy of both offices by the same person is detrimental to the public interest or whether the performance of the duties of one interferred with the performance of those of the other. . . .' 1951 PA 181, Sec. 5; MCLA 41.855; MSA 5.2540(35), provides that the power to create a township police department, adopt rules and regulations for the maintenance and operation of the department, or delegate any or all of these powers to an administrative board are vested in the township board. 1951 PA 181, supra, Sec. 12, also gives the township board authority to vest the power to appoint police officers in the township superintendent or supervisor, subject to board approval. Hence, the office of township constable is not vested with express or implied authority to administer or supervise the township police department, and as a consequence, it is my opinion that the positions of township constable and township police officer are not incompatible. Frank J. Kelley Attorney General