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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. 5826 December 10, 1980 COLLEGES AND UNIVERSITIES: Lease or use of community college facilities by member of the Legislature for office purposes LEGISLATURE: Lease or use of office space by member from community college district A community college district lacks authority to lease or permit use of its facilities to a member of the Legislature for the purpose of maintaining an office in the district. Honorable Juanita Watkins State Representative 20th District The Capitol Lansing, Michigan 48909 Referring to Wayne County Community College District which is located within your district, you have requested my opinion whether you may accept office facilities (1) at the community college without creating a conflict of interest. You advise that your use of the office facilities at the community college will be free of charge and that it will be used to serve your constituents. No contract will be executed. Const 1963, art 8, Sec. 7, pertinently provides '[t]he legislature shall provide by law for the establishment and financial support of public community and junior colleges which shall be supervised and controlled by locally elected boards.' The constitutional mandate is implemented in the community college act of 1966, 1966 PA 331; MCLA 389.1 et seq; MSA 15.615 (1001) et seq. 1966 PA 331, supra, part 2, ch 11, Sec. 121, sets forth the following relevant powers of the board of trustees of the community college: 'The board of trustees of the community college district shall have the power to make plans for, to promote, or acquire, construct, own, develop, maintain and operate a community college and an area vocational-technical education program. The board of trustees may: '(a) Locate, acquire, purchase or lease in the name of the district such site or sites within or without the district for college buildings, libraries, agricultural farms, athletic fields, playgrounds, stadiums, gymnasiums, auditoriums, parking areas, residence halls and supporting facilities as may be necessary; purchase, lease for a term not to exceed 5 years, acquire, erect or build and equip such buildings, structures and other improvements, for college or area vocational-technical educational buildings, libraries, agricultural farms, athletic fields, playgrounds, stadiums, gymnasiums, auditoriums, parking areas, residence halls and supporting facilities as may be necessary; pay for the same out of the funds of the district provided for that purpose; sell or exchange any real or personal property of the district which is no longer required thereby for school purposes, and give proper deeds, bills of sale or other instruments passing title to the same.' Further, 1966 PA 331, supra, Sec. 123(a), as last amended by 1980 PA 5, confers upon the board of trustees 'the care and custody of the community college property. . . .' A public body has only those powers granted to it by the constitution and statutes. Eg, Mosier, v Board of Auditors, 295 Mich 27; 294 NW 85 (1940). Review of the provisions of 1966 PA 331, supra, set forth above, discloses a community college board of trustees has no authority to lease, or permit use of, the property of the community college for non-educational purposes. In People v Brooks, 224 Mich 45; 194 NW 602 (1923), land was acquired through condemnation proceedings by the Regents of the University of Michigan for the erection thereon by an alumnus of a building to house a 'Lawyers' Club.' All members of the law school and all lawyers of the state were eligible for membership in the club, which would also offer sleeping, study and dining accommodations for law students. All profits from the club were earmarked for legal research. On these facts, the Court held the condemnation action for the Lawyers' Club was a public purpose in furtherance of the educational objectives of the University. In the instant situation, no such public purpose in furtherance of the educational objectives of the community college will be fostered by the provision of facilities for purposes unrelated to the educational purposes of the college. Accord, 2 OAG, 1956, No 2731, p 534 (September 10, 1956); Cf 1 OAG, 1957, No 2760, p 132 (March 25, 1957). Based on the foregoing, it is, therefore, my opinion that the Wayne County Community College District lacks authority to lease or otherwise provide use of its facilities for purposes not germane to its educational functions, pursuant to Const 1963, art 8, Sec. 7, supra, as implemented by 1966 PA 331, supra. Thus, it is unnecessary to consider any question of possible conflict of interest. Frank J. Kelley Attorney General (1)
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