[ Opinion Index ] [ Return ] To Previous Page 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. 5621 January 9, 1980 LIBRARIES: Township employee serving as member of township library board TOWNSHIPS: Township employee serving as member of township library board ELECTIONS: Election of township employee to serve as member of township library board OFFICERS AND EMPLOYEES: Political activities of public employees A person may not be a township employee and an elected member of the permanent library board of the township. A person who is employed by the township and is elected to the library board must either (1) resign from his or her employment, (2) resign from the elected office or (3) be granted a leave of absence from the position in which he or she is employed. A township employee may not be appointed to serve as a member of the provisional library board. Honorable William Faust Majority Leader The Capitol Lansing, Michigan You have requested my opinion on the following questions: (1) May a township employee be elected to serve as a member of the permanent library board? (2) May the Canton Township Board of Trustees appoint a township employee to serve as a member of the provisional library board? You inform me that Canton Township electors recently established a township public library pursuant to 1917 PA 5; MCLA 397.321 et seq; MSA 15.1711 et seq. 1877 PA 164, Sec. 11, as amended by 1978 PA 130; MCLA 397.211; MSA 15.1672, provides that after township electors have voted to establish a free public library, the township board is authorized 'to appoint a temporary board of 6 directors, to be known as the provisional library board . . . to hold office until the election, at the next . . . biennal [sic] township election, of a permanent library board. . . .' See also OAG, 1917, No ___, p 308 (January 31, 1917). Further, you advised me that your questions are limited to Canton Township employees who are not elected or appointed to public office within township government. Your questions will be addressed seriatim. (1) May a township employee be elected to serve as a member of the permanent library board? In OAG, 1977-1978, No 5182, p ___ (February 9, 1977) it was held that under the Michigan Election Law, 1954 PA 116, ch 16, MCLA 168.341-.373; MSA 6.1341-. 1373, a member of the township library board of directors provided for under 1877 PA 164, Sec. 10, supra, is a township officer and is to be elected by a partisan election. 1976 PA 169, MCLA 15.401 et seq; MSA 4.1702(1) et seq, regulates political activities by public employees and enunciates 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, Sec. 1 defines 'public employee' as '. . . an employee of a political subdivision of the state who is not an elected official.' 1976 PA 169, supra, Sec. 3, regulates political activities by public employees. '(1) An employee of a political subdivision of the state may: . . . (c) Become a candidate for nomination and election to any . . . township . . . 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 . . . 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. . . . '(2) 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.' [Emphasis supplied] In view of the foregoing, I am of the opinion that a person may not be a township employee and an elected member of the permanent library board of the township. A person who is employed by the township and is elected to the permanent library board must either resign his or her employment or from the elected office, or, be granted a leave of absence. Your second question inquires: (2) May the Canton Township Board of Trustees appoint a township employee to serve as a member of the provisional library board? Having concluded that a township employee may not simultaneously hold township employment and be a member of the township's permanent library board, it is my opinion that a township employee may not be appointed to serve as a member of the provisional library board. Frank J. Kelley Attorney General
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