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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. 5863 March 26, 1981 COUNTIES: Incompatibility of office and employment INCOMPATIBILITY: Political activities by public employees OFFICERS & EMPLOYEES: Incompatibility POLITICAL ACTIVITY: Incompatibility of office and employment An employee of a county board of public works or a county board of road commissioners who is elected to the office of member of the county board of commissioners of the same county must resign from his or her employment or obtain a leave of absence from the respective board for the term for which the employee was elected. Honorable Art Miller, Jr. Michigan State Senator The Capitol Lansing, Michigan Honorable Gilbert J. DiNello Michigan State Senator The Capitol Lansing, Michigan Honorable Thomas Guastello Michigan State Senator The Capitol Lansing, Michigan You advise me that at the recent general election in Macomb County, there was elected two county commissioners, whose terms commenced January 1, 1981, who were employees of the Macomb County Public Works Commission and the Macomb County Road Commission at the time of the election. The two commissioners, prior to assuming their office as county commissioners on January 1, 1981, each requested a leave of absence from their county employment. You inquire whether the County may grant leaves of absence to the two county commissioners upon their assumption of public office as county commissioners. 1976 PA 169; MCLA 15.401 et seq; MSA 4.1702(1) et seq, is an act to regulate political activities by certain public employees. In Council No 11, AFSCME v Civil Service Commission, 408 Mich 385; 292 NW2d 442 (1980), the Michigan Supreme Court sustained 1976 PA 169, supra, as a valid exercise of legislative authority. An employee of a county board of public works or of a board of county road commissioners is a 'public employee' subject to 1976 PA 169, supra, Sec. 1. 1976 PA 169, supra, Sec. 3 provides, in pertinent part: 'An employee of a political subdivision of the state may: '(c) Become a candidate for nomination and election to any . . . county . . . 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 local 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 . . . who is elected to an office within that unit of local government . . . shall resign or may be granted a leave of absence from his employment during his elected term.' [Emphasis supplied.] OAG, 1975-1976, No 5108, p 685 (November 18, 1976) concluded that a township fireman elected to the office of township trustee must resign his employment or obtain a leave of absence from his employment during his elected term as required by 1976 PA 169, supra. Further, in accordance with 1976 PA 169, supra, the opinion held that the manager of a township sewer system who was elected township treasurer must resign as manager of the township sewer system or obtain a leave of absence during his elected term. Therefore, under 1976 PA 169, Sec. 3(2), supra, the two county commissioners in question who have requested leaves of absence may be granted a leave of absence (1) from such employment during their elected terms, or, in the alternative, the commissioners shall resign their county employment. If the respective board, in its discretion, declines to grant the request for a leave of absence from their employment, the two commissioners 'shall resign' their county employment. OAG, 1979-1980, No 5621, p 533 (January 9, 1980). Therefore, it is my opinion that a county employee who is elected to the county board of commissioners within the same county shall resign from his or her employment with a county agency, or may be granted a leave of absence by the board employing him or her from such employment during the term of office. Frank J. Kelley Attorney General (1)
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