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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. 6030

January 21, 1982

INCOMPATIBILITY:

Mayor of a city--city assessor

The offices of mayor of a city and city assessor of the same city are incompatible.

Honorable Frederick P. Dillingham

State Representative

The Capitol

Lansing, Michigan

Referring to the City of Leslie, you have inquired whether simultaneous service as mayor and city assessor in the same city would be incompatible.

Incompatibility of public office is now governed by 1978 PA 566; MCLA 15.181 et seq; MSA 15.1120(121) et seq. 1978 PA 566, supra, Sec. 2; MCLA 15.182; MSA 15.1120(122), provides:

'Except as provided in section 3, a public officer or public employee shall not hold two or more incompatible offices at the same time.'

Section 1 of said Act, supra, defines 'incompatible offices':

"Incompatible offices' means public offices held by a public official which, when the official is performing the duties of any of the public offices held by the official, results in any of the following with respect to those offices held:

'(i) The subordination of 1 public office to another.

'(ii) The supervision of 1 public office by another.

'(iii) A breach of duty of public office.'

OAG, 1979-1980, No 5626, p 537 (January 16, 1980), discussed incompatibility under both the common law and 1978 PA 566, supra, stating at page 542:

'[t]he first and second criteria of incompatibility at common law have not been altered by the statute. Thus, the first and second criteria of incompatibility as set forth by the statute would extend to those situations in which 'the incumbent of one of the offices has the power of appointment as to the other office, or the power to remove the incumbent of the other. . . .'

The charter of the City of Leslie provides at section 3.10:

'The Assessor shall be appointed by the Mayor, with the approval of the Council, and shall serve during the pleasure of the Council.'

The mayor has the power of appointment of the city assessor, with the approval of the city council, and as a member of the city council would also praticipate in the removal of the assessor, inasmuch as the assessor serves at the pleasure of the council. Incompatibility arises under the first and second criteria, and service in both offices is precluded by 1978 PA 566, supra, Sec. 2.

It is my opinion, therefore, that the offices of mayor and city assessor are incompatible.

Frank J. Kelley

Attorney General

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