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. 5470 March 28, 1979 OFFICERS AND EMPLOYEES: Right to seek public office while holding a different public office or employment MUNICIPALITIES: Right of a city employee to seek to fill a vacancy on a school board SCHOOLS AND SCHOOL DISTRICTS: Right of a city employee to seek to fill a vacancy on a school board An employee of a city may seek to fill a vacancy on a board of education of a school district that includes the city within its geographical boundaries without obtaining a leave of absence from his or her employment. A city employee may be appointed to fill a vacancy on a board of education of a school district that includes the city within its geographical boundaries without resigning or obtaining a leave of absence from city employment. Honorable James O'Neill, Jr. State Representative The Capitol Lansing, Michigan 48909 You have requested my opinion on several questions which may be phrased as follows: 1. Is an employee of a city who submits an application to fill a vacancy on a school board a candidate within the meaning of the second sentence of 1976 PA 169, Sec. 3(1)(c), MCLA 15.403(1)(c); MSA 4.1702(3)(1)(c)? 2. Is a city employee appointed by members of the school board to fill a vacancy on the board required to resign or receive a leave of absence during his term of office as a school board member in accordance with 1976 PA 169, Sec. 3(2), MCLA 15.403(2); MSA 4.1702(3)(2)? 3. Is an employee of a city who submits an application to fill a vacancy on a school board a candidate within the meaning of the first sentence of 1976 PA 169, Sec. 3(1)(c), supra? 1976 PA 169, Sec. 3(1)(c), supra, states: '(1) An employee of a political subdivision of the state may: '(c) Become a candidate for nomination and election to any state elective office, or any district, county, city, village, township, school district, or other local elective office without first obtaining a leave of absence from his employment. If the person becomes a candidate for elective office within the unit of government or school district in which he is employed, unless contrary to a collective bargaining agreement the employer may require the person to request and take a leave of absence without pay when he complies with the candidacy filing requirements, or 60 days before any election relating to that position, whichever date is closer to the election.' [Emphasis added] The second sentence of 1976 PA 169, Sec. 3(1)(c), supra, was added by the Senate. See 1976 Senate Journal, pp 917, 1022, 1045 and 1071. The language added by the Senate is clearly limited to becoming a candidate for elective office within the governmental unit or school district in which one is employed. Thus, such language expresses an unmistakable legislative intent that an employee of a city, who applies for and is appointed to fill a vacancy on a board of education of a school district that includes the city within its geographical boundaries, is not a candidate within the unit of local government or school district that employs him within the meaning of the second sentence of 1976 PA 169, Sec. 3(1)(c), supra. Answering your second question, 1976 PA 169, Sec. 3(2), MCLA 15.403(2); MSA 4.1702(3)(2), states: 'However, a public employee of a unit of local government or school district who is elected to an office within that unit of local government or school district shall resign or may be granted a leave of absence from his employment during his elected term.' The above-quoted language clearly applies only to a public employee who holds an office of the unit of local government or school district which employs him. Its application is consistent with the second sentence of 1976 PA 169, Sec. 3(1)(c), supra, added by the Senate after repeated consideration, that is limited to an employee who becomes a candidate for office of the governmental unit or school district in which he is employed. OAG, 1975-1976, No. 5108, p 685 (November 18, 1976), ruled that the enactment of 1976 PA 169, Sec. 3(2), supra, required that (1) a township fireman elected to the position of township trustee 'must either resign as a fireman or obtain a leave of absence during his elected term and (2) a manager of a township sewer system must, if elected as township treasurer, resign or obtain a leave of absence from his employment. . . .' Here, in contrast, a city employee appointed to fill a vacancy on the board of education does not hold an office within the governmental unit in which he is employed. Thus, it is my opinion that such a person would not be required to resign or receive a leave of absence from his city employment during his term of office as a school board member under 1976 PA 169, Sec. 3(2), supra. In light of my answer to your first two questions, it is unnecessary to answer the third question. Frank J. Kelley Attorney General