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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. 5693

April 24, 1980

SOCIAL SERVICES, DEPARTMENT OF:

Political activity of members of county board

A member of a county social services board may not serve as a delegate to a county, state or national political party convention.

Honorable Kenneth J. DeBeaussaert

State Representative

The Capitol

Lansing, Michigan 48909

You have requested my opinion on a question which may be stated as follows:

May a member of a county social services board serve as a delegate to a county, state or national political party convention?

The various county departments of social services were created by of the Social Welfare Act, 1939 PA 280, Sec. 45; MCLA 400.45; MSA 16.445. The legislation provided that such county departments would include a county social services board, the director of the county department, and the necessary assistants and employees to operate the department.

1939 PA 280, Sec. 46; MCLA 400.46; MSA 16.446, provides that the administration of the county department would be vested in a county social services board of three members. Specifically, the Act reads, in pertinent part:

'The administration of the powers and duties of the county department shall be vested in a county social services board of 3 members, appointed from persons residing within the county and not holding an elective office, . . .' (emphasis added)

1939 PA 280, Sec. 90; MCLA 400.90; MSA 16.490, provides:

'No member of the state commission or of any county social welfare board and no executive official or employee of the state or any county welfare department shall participate in any form of political activity other than may be appropriate to the exercise of the individual's rights, duties and privileges or use his official position for any political purpose. Any employee of any department violating this provision shall be subject to discharge or such other disciplinary action as may be provided by the rules and regulations of the state department.'

As noted in your letter, II OAG, 1959-1960, No 3525, p 77 (April 21, 1960), addressed the question of whether members of the State Social Welfare Commission could serve as delegates to a county, state or national convention. On the basis of state law, it was concluded:

'Therefore, it is my opinion that members of the Michigan Social Welfare Commission who serve as delegates to a county convention, state convention or national convention of a political party would violate the provisions of section 90 of Act 280, P.A. 1939, as amended. . . .' II OAG, 1959-1960, No 3525, supra, p 80

This opinion is equally applicable to persons serving as members of a county board of social services.

It should also be noted that the Legislature amended 1939 PA 280, Sec. 46, supra, by means of 1967 PA 60 to change the name of the county social welfare board to county social services board. While the Legislature did not make a comparable amendment to 1939 PA 280, Sec. 90, supra, the intent of the Legislature is clear that no member of the governing county board, however designated, shall participate in any proscribed form of political activity or use his official position for any political purpose.

It is my opinion, therefore, that a member of a county social services board is barred from serving as a delegate to a county, state or national political party convention.

Frank J. Kelley

Attorney General


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