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. 5493 May 17, 1979 COUNTIES: Optional unified form of county government COUNTIES: Board of Auditors ELECTIONS: Elections of members of county board of auditors Upon adoption of an optional unified form of county government by the electors of Bay County, the Bay County Housing Commission is abolished. However, the following agencies of Bay County are not abolished: (1) the Bay County Jury Board, (2) the Bay County Library Board, (3) the Bay County Economic Development Corporation, and (4) the Bay County Board of Auditors elected pursuant to 1907 LA 599. The members of the Bay County Board of Auditors are elected for terms of six years at elections held in November of an even-numbered year. Honorable Jerome Hart State Senator The Capitol Lansing, Michigan 48902 Mr. Henry J. Sefcovic Bay County Civil Counsel 515 Center Avenue Bay City Michigan 48706 You have, in separate letters, requested my opinion on several questions concerning the implementation of the unified form of county government in Bay County authorized pursuant to 1973 PA 139, MCLA 45.551 et seq; MSA 5.302(51) et seq. (1) You have asked whether, in implementing 1973 PA 139, supra, the following county agencies survive: 1. Jury Board 2. Library Board 3. Housing Commission 4. Economic Development Corporation 5. Board of Auditors Relevant to the discussion of all of the above county agencies is 1973 PA 139, supra, Sec. 4(1), which provides: '(1) On the date the optional unified form of county government becomes effective all appointed boards, commissions, and authorities except the apportionment commission, airport zoning board of appeals, board of county canvassers, boards of determination for drainage districts, civil service commission, county affairs administrative committee or soldiers' relief commission, concealed weapons licensing board, election commission, jury commission, library commission, parks and recreation commission, social services board, tax allocation board, any board established to oversee retirement programs, any plat board, any mental health board, any hospital board, any intercounty drainage board, and any building authority established by the county individually or in conjunction with another unit of government and the boards of county road commissioners; and all elective county offices except those of county commissioner, prosecuting attorney, clerk, register of deeds, treasurer, sheriff, elected county auditors, and drain commissioner are abolished and the tenure of persons holding the office or appointment are terminated. Termination shall take effect whether or not it coincides with the end of a term of office or appointment. All county departments in conflict with the departmental organization established by this act are abolished. As used in this act, the term department or county department shall not be construed to include boards of county road commissioners.' [Emphasis added] The particular county agencies which are involved will be discussed in turn. 1. Jury Board As noted above, 1973 PA 139, Sec. 4(1), supra, provides for the continued existence of the 'jury commission'. However, county jury commissions were abolished as of November 15, 1968, the effective date of 1968 PA 326, MCLA 600.1301 to 600.1353; MSA 27A.1301 to 27A.1353, which repealed the sections of the Revised Judicature Act referring to 'jury commissions' and created the current system of jury boards. It is my opinion, however, that the reference to the jury commission in 1973 PA 139, Sec. 4(1), supra, must be construed to mean jury board as the successor entity. Therefore, the Bay County Jury Board is not abolished upon the implementation of the optional unified form of county government in Bay County. 2. Library Board The same reasoning that governs your question regarding the continued existence of the Bay County Jury Board also applies to the Bay County Library Board. The language of 1973 PA 139, Sec. 4(1), supra, refers to 'library commissions' whereas the statute authorizing counties to create libraries refers to 'county library board.' However, the reference to 'library commission' in 1973 PA 139, supra, must be construed to mean 'library board' created under 1917 PA 138, MCLA 397.301 et seq; MSA 15.701 et seq, because there is no other statutory authority allowing for the creation of a county library in which the body charged with the administrative responsibility is termed a 'library commission.' Thus, as library commissions are specifically excepted from abolishment by 1973 PA 139, Sec. 4(1), supra, and, in addition, 1973 PA 139, Sec. 4(3) provides that a board excepted from the act is empowered to exercise the powers and duties as provided by law, it is my opinion that the Bay County Library Board created by the county under the authority of 1917 PA 138, MCLA 397.301 et seq; MSA 15.1701 et seq, is not abolished upon the implementation of the optional unified form of county government in Bay County. 3. The Bay County Housing Commission A familiar principle of statutory construction is that inclusion by specific mention excludes what is not mentioned. Van Sweden v Van Sweden, 250 Mich 238; 230 NW 191 (1930). This principle applies to the question of whether the Bay County Housing Commission survives upon the implementation of the optional unified form of county government in Bay County. The Bay County Housing Commission is a commission formed by the county commission to provide a governmental service to the citizens of the county. Housing commissions are not specifically designated as the type of agency that was intended to survive upon the implementation of the optional unified form of county government. If the Legislature had intended that housing commissions operating within a single county survive, it would have included housing commissions in the list of county agencies intended to continue separate existence under the optional unified form of county government. It is therefore my opinion that the Bay County Housing Commission is abolished on the date the optional unified form of county government becomes effective and its powers are to be carried on as provided in 1973 PA 139, supra. 4. Bay County Economic Development Corporation Section 32 of the Economic Development Corporation Act, 1974 PA 338, MCLA 125.1632; MSA 5.3520(32), states that corporations formed under the act (EDCs) are bodies corporate with the power to sue and be sued and that such corporations have all the necessary and incidental powers to carry out the purposes of their incorporation. Before 1974 PA 338, Sec. 32, Supra, was added to the Economic Development Corporation Act by 1976 PA 175, OAG, 1975-1976, No. 5047, p 495 (June 11, 1976) noted that EDCs were formed under the general corporation law with municipal sponsorship. The subsequent changes in the Economic Development Corporation Act do not, however, change the corporate form of EDCs; it changes only the method by which they are organized. An EDC is a non-profit corporation formed for a county, city, village or township that is formed with the approval of the municipality for the following statutory purposes: to alleviate and prevent conditions of unemployment, to assist and retain local industries and commercial enterprises, to strengthen and revitalize the economy of the state and its municipalities, to encourage and assist industrial and commercial enterprise in Locating and expanding in the state, and to encourage commercial enterprise. 1974 PA 338, Sec. 2, supra. The Economic Development Corporation Act vests the local unit of government which sponsors an EDC with effective control of the corporation in that the appointment and removal of board members rest with the sponsoring local unit of government. 1974 PA 338, Sec. 4, supra. However, an EDC is not a department of the sponsoring municipality, but a non-profit corporation that exists to aid and assist the sponsoring municipality with economic development projects within that municipality. 1973 PA 139, Sec. 4, supra, deals with the abolition or continuation of appointed boards, commissions, authorities and elective county offices. The Bay County Economic Development Corporation is a non-profit corporation formed under the sponsorship of Bay County to aid the county in its economic development efforts and remains under its control but it is not a department, board, commission or authority of the county subject to consolidation into one of the departments of county government under the enabling act allowing for the adoption of the unified form of conty government. It is my opinion, therefore, that the Bay County Economic Development Corporation formed under the Economic Development Corporation Act, is not abolished upon the implementation of the unified form of county government in Bay County. 5. Bay County Auditors You have asked three questions concerning the status of the Bay County Board of Auditors upon the implementation of the unified form of county government. Specifically, you ask: 1. Is the Bay County board of auditors abolished? 2. If it is not abolished by virtue of 1973 PA 139, supra, is the office eliminated because this act does not provide for their reelection? 3. If the office is not eliminated, when are Bay County auditors to be elected and for what term of office? Because of their close relationship, the first two questions will be discussed together. The Bay County Board of Auditors was created by enactment of 1907 LA 599 which has been amended several times. Thus, the members of the Bay County Board of Auditors continue to serve under the authority of that act. As to whether the Bay County Board of Auditors survives under the optional unified form of government, 1973 PA 139, Sec. 12, supra, states that, in a county with an optional unified form of government, certain named officials are to be elected or appointed in the manner and for such term as provided by law. Although the elected board of auditors is not named in section 12, 1973 PA 139, Sec. 4(1), supra, does state that elected county auditors survive. Therefore, these officials do survive under the optional unified form of government. Addressing the third question, Const 1963, art 2, Sec. 5 establishes the date for election of all county offices. Prior to the effective date of the 1963 Constitution, the election of members of the Bay County Board of Auditors took place in odd-numbered years and the term of office for each member of the board was six years. The 1963 Constitution provides that laws not in conflict with it remain in force. Const 1963, art 3, Sec. 7. Thus, as the local act relating to the Bay County Board of Auditors conflicts with the constitutional requirement that all elections for county office be held in November of each even-numbered year, such elections must be held at the time prescribed in the 1963 Constitution. As to the term of office, it will be noted that section 234 of the Election Code, MCLA 168.234; MSA 6.1234, limits the term of elected county auditor to four years. While that chapter of the Election Code applies to the election of county auditors generally, in my opinion it does not apply to the election of members of the Bay County Board of Auditors. The reason for this conclusion is that the rule of statutory construction applicable to situations where special or local law is inconsistent with the provisions of a general law is that the special or local law is uneffected by the general law unless it is expressly repealed. Port Huron Engine and Thresher Co v Township of Port Huron, 191 Mich 590, 601; 158 NW 507 (1922). Thus, the general law relating to the election of county auditors which states the term of office of county auditor shall be four years does not alter the length of the term of office of Bay County Auditor because the general law does not repeal the earlier local law on the same subject. See I OAG, 1955-1956, No 2009, p 185 (April 13, 1955). In summary, the Bay County Board of Auditors elected pursuant to 1907 LA 599, as amended, is not abolished upon the implementation of the optional unified form of county government in Bay County. Members of the County Board of Auditors are elected at the November general election held during an even-numbered year and serve for six years. Frank J. Kelley Attorney General (1)