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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. 5952 August 11, 1981 STATE POLICE, DEPARTMENT OF: Subpoena power of discipline appeal board to issue subpoenas A discipline appeal board established pursuant to the collective bargaining agreement between the Department of State Police and the Michigan State Police Troopers Association does not possess authority to issue subpoenas to compel attendance of witnesses. Colonel Gerald Hough Director Michigan Department of State Police 714 S. Harrison Road East Lansing, Michigan 48823 You have requested my opinion whether a discipline appeal board, established by the collective bargaining agreement, effective July 1, 1980, between the Michigan Department of State Police and the Michigan State Police Troopers Association, has lawful authority to issue subpoenas to compel attendance of witnesses. A discipline appeal board was created consisting of a chairperson, two enlisted personnel nominated by management, and two enlisted personnel nominated by the Association to hear appeals relating to suspensions without pay and discharge of state troopers and sergeants. The term 'subpoena' has been defined by the Attorney General as follows: 'An ordinary subpoena is a writ issued by a competent authority commanding attendance at a court or tribunal for the purpose of giving testimony, and a subpoena duces tecum commands such appearance, together with the additional command that witness 'bring with him' certain books, records, etc., described with particularity in the subpoena duces tecum.' OAG, 1941-1942, No 20765, p 278, 279 (August 8, 1941) Similarly, in Timson v Weiner, et al, 395 F Supp 1344, 1348 (SD Ohio, 1975) the Court stated: 'A subpoena is the order of an arm of the state compelling the presence of a person under threat of contempt.' Research fails to disclose any grant by the Legislature of the subpoena power upon a discipline appeal board. It is my opinion, therefore, that a discipline appeal board of the type you have described does not have lawful authority to issue subpoenas to compel attendance of witnesses. Frank J. Kelley Attorney General
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