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. 5447 February 26, 1979 COUNTY BOARD OF ROAD COMMISSIONERS: Health and life insurance for members OFFICERS AND EMPLOYEES: Health and life insurance plans for members of county boards of road commissioners Members of a county board of road commissioners may not participate in a program for retirement, health care, medical care or life insurance which has been provided for its employees pursuant to 1909 PA 283, Ch IV, Sec. 10(a). Thomas E. Kent Prosecuting Attorney Crawford County Crawford County Court Building Grayling, Michigan 49738 You have requested my opinion on the following question: May the members of the Crawford County Board of Road Commissioners participate individually in the medical health care or life insurance plans which they have created for the benefit of their employees? The authority of a board of county road commissioners to participate in the cost of or provide health care and life insurance programs for its employees is contained in 1909 PA 283, Ch IV, Sec. 10(a); MCLA 224.10a; MSA 9.110(1). In essence, this statute permits the establishment of such benefits by members of a board of county road commissioners for its employees where same has not been provided by the county board of commissioners under the authority of 1851 PA 156, Sec. 12a; MCLA 46.12a; MSA 5.333(1). (1) OAG, 1945-1946, No 0-4290, p 605 (February 13, 1946), addressed a similar question to the one you pose, namely, whether members of boards of county road commissioners could participate in a retirement plan they had established for employees of the board. Interpreting 1909 PA 283, Sec. 10a supra, the same statute involved here, the opinion states: 'As to your first question, we are of the opinion that the benefits provided under Act No. 171, Public Acts of 1941, as amended (Sec. 9.110(1), Mich. Stat. Ann.), are not available to members of the board of county road commissioners. The act empowered said board to 'participate in the cost of or provide life, health and accident, and/or hospitalization insurance for employees under its jurisdiction." The language in the amended version of 1909 PA 283, Sec. 10a supra, is identical to that as discussed in the opinion. The statue provides: '(1) The board of county road commissioners may participate in the cost of, or provide life, health and accident, and hospitalization insurance for employees under its jurisdiction. . . .' While the opinion limits itself, in part, to a discussion of whether road commissioners are able to participate in a retirement plan, the analysis centers around language in the statute which designates the benefits for employees under the jurisdiction of the board. Thus, the benefits, be they retirement, medical or otherwise, are intended to be derived by the employees, not by the members of the commission who are deemed to be employers. The status of the members of the road commission as employers received support in the case of Wayne County Civil Service Commission v Board of Supervisors, 384 Mich 363, 375-376; 182 NW2d 201 (1971). In its opinion the Court stated: 'From as far back as PA 1909, No 283, Sec. 10 of the county road law has authorized each board of county road commissioners to 'employ' its necessary 'servants and laborers. The section leaves no doubt of original and present intent that each board of county road commissioners shall be the employer of its employees, and that such employees shall be employees of that same board.' In summary, I am constrained to hold that the members of the Crawford County Road Commission may not participate in a program for retirement, health care, medical care or life insurance which has been provided for its employees pursuant to 1909 PA 283, Sec. 10a supra. Frank J. Kelley Attorney General (1)