[ Previous Page] [ Home Page ]
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. 6067 May 13, 1982 INCOMPATIBILITY: Member of board of trustees of county hospital/employee of hospital The positions of member of the board of trustees of a county hospital and employee of the county hospital are incompatible. Honorable D. J. Jacobetti State Representative The Chpitol Building Lansing, Michigan 48909 You have requested my opinion whether a person employed to serve on the staff of a county hospital organized under 1913 PA 350; MCLA 331.151 et seq; MSA 14.1131 et seq, (1) may concurrently sit on its board of trustees. The board of trustees of a county hospital organized under 1913 PA 350, supra, is a public body corporate authorized to operate the hospital. 1913 PA 350, supra, Sec. 4. The subject of incompatibility is addressed by 1978 PA 566, MCLA 15.181 et seq; MSA 15.1120(121) et seq. 1978 PA 566, supra, Sec. 2(1), provides: 'Except as provided in section 3, a public officer or public employee shall not hold 2 or more incompatible offices at the same time.' In 1978 PA 566, supra, Sec. 1(b), the legislature has provided the following definition of 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.' (Emphasis supplied.) 1913 PA 350, supra, Sec. 4, empowers a county hospital board of trustees to adopt bylaws and rules for its own guidance and for the government of the hospital, and the appointment of a chief executive officer to serve as its direct representative in the management of the hospital. Thus, the hospital board supervises, directly or indirectly, the hospital's employees. It should also be noted that the board of trustees prescribes rules, regulations and policies to be observed by professional employees in the operation of the county hospital. 1913 PA 350, supra, Sec. 11. OAG, 1979-1980, No 5626, p 534, 541 (January 16, 1980), considered the applicability of 1978 PA 566, supra, to both public officers and public employees. The opinion stated: '1978 PA 566, supra, Sec. 1, sets forth the definitions of the Act's essential terms. These terms include the definition of 'public employee' as an employee of any public entity in the state, whether at the state or local government level, section 1(d); and 'public officer' as any person elected or appointed to a public office in the state, whether at the state or local government level, section 1(e). However, most importantly is the following definition of 'incompatible offices' set forth at section 1(b): "'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.' 'Although the definition of the term 'incompatible offices' describes the officeholder as a public official rather than in terms of 'public employee' or 'public officer', this discrepancy is reconciled by reference to section 2 of the Act which states: "(i) Except as provided in section 3, a public officer or public employee shall not hold 2 or more incompatible offices at the same time.' 'Thus, this Act continues the applicability of incompatibility principles to both public officers and employees as previously recognized at common law.' It is, therefore, my opinion that the office of member of a county hospital board of trustees and the position of employee on the staff of the county hospital are incompatible. Frank J. Kelley Attorney General (1)
[ Previous Page] [ Home Page ]