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. 5529 August 3, 1979 OFFICERS AND EMPLOYEES: County employees serving on board of county road commissioners COUNTIES: County employees serving on board of county road commissioners BOARD OF COUNTY ROAD COMMISSIONERS: County employees serving on A county employee may not be a member of the board of county road commissioners and retain county employment. Honorable Russell Hellman State Representative The Capitol Lansing, Michigan 48909 You have requested my opinion as to whether a salaried or hourly paid employee of a county road commission may become a candidate for the elective position of county commissioner. 1966 PA 261, Sec. 11, as amended; MCLA 46.411; MSA 5.351(1), specifies the qualifications for candidates for the office of county commissioner: 'Candidates for the office of commissioner shall be residents and registered voters of the district which they seek to represent and shall remain so to hold their office, if elected. Nominations and elections for commissioners shall be by partisan elections. . . .' However, should an employee of the county road commission become a candidate for a seat on the county board of commissioners, there are several other statutes which are then applicable. 1976 PA 169; MCLA 15.401 et seq; MSA 4.1701(17) et seq, was enacted specifically for the purposes of delineating permissible political activity for certain public employees and enunciating the restrictions applicable to public employees who become candidates for public office within a unit of government in which they are employed. 1976 PA 169, supra, defines 'public employee' as '. . . an employee of the state classified civil service, or an employee of a political subdivision of the state who is not an elected official.' Thus, a full-time employee of a county road commission is clearly a county employee and is therefore an employee of a political subdivision of the state within the meaning of the statute. The fact that there is a direct employer-employee relationship between the county board of commissioners and employees of the county road commission was set forth in OAG, 1975-1976, No 4985, p 504 (June 15, 1976), and OAG, 1975-1976, No 5046, p 484 (June 10, 1976). Having determined that 1976 PA 169, supra, applies, section 3 of the act pertaining to employees of political subdivisions of this state is relevant. This section provides that an employee of a political subdivision may: '[b]ecome a candidate for nomination and election to . . . any . . . county . . . elective office without obtaining a leave of absence from his employment. If the person becomes a candidate for elective office within the unit of government . . . 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.' It should also be noted that section 3(2), MCLA 15.403; MSA 4.1702(3), supra, provides: 'However, a public employee of a unit of local government . . . who is elected to an office within that unit of local government . . . shall resign or may be granted a leave of absence from his employment during his elected term.' In view of the foregoing, I am of the opinion that a person may not be employed by the county road commission and also be a county commissioner. A person who is employed by the county road commission and is elected to the office of county commissioner must either resign from his employment or from the elected office. Frank J. Kelley Attorney General