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. 5576 October 8, 1979 COUNTIES: Elected office of county road commissioner continued under optional unified form of county government HIGHWAYS AND ROADS: Elected office of county road commissioner continued under optional unified form of county government COUNTY ROAD COMMISSIONERS: Elected office of county road commissioner continued under optional unified form of county government The implementation of an optional unified form of county government does not affect the existence of elected board of county road commissioners. The Honorable Jerome T. Hart State Senator The Capitol Lansing, Michigan 48902 You have asked my opinion on the following two questions relating to the implementation of the optional unified form of county government in Bay County: 1) Are the elected offices of Bay County road commissioners abolished? 2) If so, does the county board of commissioners appoint the Bay County road commissioners? 1973 PA 139, Sec. 4(1); MCLA 45.554; MSA 5.302(54), provides: '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 drainage board, county department of veterans' 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] 1973 PA 139, Sec. 4(1) contains the list of boards, commissions and authoritites and elective offices which survive after the implementation of the optional unified form of government. In the last sentence of the above quoted section the legislature made specific reference to county road commissioners by indicating that the term department or county department shall not be construed to include boards of county road commissions. Also, in 1973 PA 139, Sec. 12; MCLA 45.562; MSA 5.302(62), the legislature specifically provided that the boards of county road commissioners, among other listed appointed and elected officers and officials, shall exercise the powers and functions of their offices as provided by law. It is therefore my opinion that the implementation of the optional unified form of county government in Bay County does not affect the existence of the elected board of county road commissioners. They continue to act under the applicable laws relating to boards of county road commissioners and members of the Bay County Road Commission are elected in the same manner as they were prior to the implementation of the optional unified form of county government in Bay County. In view of my response to the first question, it is unnecessary to address the second question. Frank J. Kelley Attorney General