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. 5578 October 10, 1979 TOWNSHIPS: Civil Service TOWNSHIPS: Compensation of Officers OFFICERS AND EMPLOYEES: Compensation of township officers A township may adopt an ordinance providing that department heads be appointed by the township board without violation of the township civil service act. A township officers' compensation commission may be established by a general law township without violation of the township civil service act. The Honorable John Bennett State Representative The Capitol Lansing, Michigan 48909 You have written requesting my opinion on the following questions: 1. If a township creates a department by ordinance and provides that the department head shall be appointed by the township board, would this violate 1965 PA 246, MCLA 38.451 et seq; MSA 5.193(1) et seq? 2. Is a township ordinance creating a township officers compensation commission compatible with 1965 PA 246, supra? 1965 PA 246, MCLA 38.451 et seq; MSA 5.193(1) et seq, provides for the establishment of a civil service system in certain townships. The act provides for the creation of a civil service commission and its duties, exemptions from and classifications in the township civil service, penalties for the violation of provisions of the act and the prescribed manner of adoption of the act by townships. Redford Township, a general law township, has adopted this act and thus has a civil service system. At issue is whether the position of department head is a classified position or unclassified position for purposes of 1965 PA 246. If the position of department head is classified, an ordinance establishing a department and providing that the department head shall be appointed by the township board would be incompatible with 1965 PA 246, supra, which mandates the testing of candidates for township employment and their selection from a list of the qualified candidates. 1965 PA 246, supra, Sec. 8 provides in part: 'The civil service of the township is hereby divided into the unclassified and classified services. 'The unclassified service shall include officers elected by popular vote and persons appointed to fill vacancies in such elective offices, 1 deputy or assistant each for the supervisor, clerk and treasurer, and heads of departments. 'The classified service shall comprise all positions not specifically included by this act in the unclassified service.' MCLA 35.456; MSA 5.193(6) [Emphasis added] 'The commission shall: '(a) Classify all the offices and positions of employment within the classified service. . . .' '(b) From time to time make, in accordance with the provisions of this act, rules adopted to carry out the purposes of this act and not inconsistent with its provisions for the examination and selection of persons to fill the offices and positions in the classified service which are required to be filled by appointment, and for the selection of persons to be employed in the service of the township.' MCLA 38.458; MSA 5.193(8) [Emphasis added] 'Whenever a position in the competitive classified civil service is to be filled, the appointing authority shall notify the commission of that fact, and the commission shall certify the names and addresses of the 3 candidates standing highest on the eligible list for the class or grade to which the position belongs, and the appointing authority shall forthwith appoint to the position 1 of the 3 persons so certified. . . .' MCLA 38.459; MSA 5.193(9) [Emphasis added] While 1965 PA 246, supra, provides for the selection of persons who are to hold 'classified' employment positions in the township, 1965 PA 246 Sec. 6 explicitly states that heads of departments are part of the unclassified service. It is therefore my opinion that department heads are specifically exempted from 1965 PA 246, supra, by Sec. 6 of that act and that proposed Redford Township ordinances which provide for appointment by the township board are compatible with 1965 PA 246. In your second question you ask whether the township compensation commission for elected officials ordinance is compatible with 1965 PA 246. RS 1846, c 16, Sec. 95(4), as amended by 1977 PA 159, MCLA 41.95(4); MSA 5.82(4), provides express authority for the creation of a compensation commission by a township as follows: '(4) In place of the procedure in subsection (1) and (2) for determining the salaries of elected officials, the township board may by ordinance establish the procedure described in this subsection. The ordinance shall provide as follows: '(a) A local officials compensation commission is created. The commission shall determine the salary of each township elected official. . . .' This act clearly authorizes the creation of a compensation commission for elected officials by the township. It is therefore my opinion that a general law township may create a compensation commission for elected officials without violating 1965 PA 246, supra. Frank J. Kelley Attorney General