[ 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. 6164 June 22, 1983 INCOMPATIBILITY: Member of board of education of a school district and president of community college district The offices of member of a board of education of a school district and president of a community college district are not essentially incompatible, since neither office supervises not is subordinate to the other. However, if the two districts enter into negotiations for a contract, or enter into a contract, or if a dispute concerning an existing contract arises, the two offices would become incompatible. Honorable Nelson W. Saunders State Representative The Capitol Lansing, Michigan You have requested my opinion whether the public positions of member of the board of education of a school district and president of a community college district are incompatible. In addressing your question, we turn to 1978 PA 566, MCLA 15.181 et seq; MSA 15.1120(121) et seq, which prohibits holding incompatible public positions and contains the standards by which incompatibility is to be adjudged. 1978 PA 566, supra, Sec. 1(b), provides: "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.' Boards of education of school districts are provided for in 1976 PA 451, the School Code of 1976, MCLA 380.1 et seq; MSA 15.4001 et seq. Provision has been made for community college districts in 1966 PA 331, the Community College Act of 1966, MCLA 389.1 et seq; MSA 15.615(101) et seq. A review of these statutory provisions reveals that neither of the two public positions here in question is subordinate to nor supervised by the other. 1951 PA 35, MCLA 124.1 et seq; MSA 5.4081 et seq, authorizes school districts to contract with community college districts. Nonetheless, a breach of duty would result if the school district and community college district in question undertook negotiations for or entered into a contract. Furthermore, abstension by a public officer from participation in the negotiation for, or actually entering into, a contract is itself a breach of duty. OAG, 1979-1980, No 5626, p 537, 545 (January 16, 1980). There are currently a number of contracts between the school district and the community college district in question involving the use of facilities as well as jointly operated programs. The resolution of disputes between the school district and the community college district concerning the interpretation and implementation of such contracts would also involve a breach of duty. It is my opinion, therefore, that the public positions of member of a board of education of a school district and president of a community college district are not essentially incompatible. It is my further opinion that in the event of negotiations for or a contract entered into between a school district and a community college district or if disputes arise concerning the interpretation and implementation of existing contracts between the school district and the community college district, then the public positions of member of the board of education of such school district and president of such community college district are incompatible. Frank J. Kelley Attorney General
[ Previous Page] [ Home Page ]