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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. 6239

August 3, 1984

LIBRARIES:

Number of directors of a township library board

Term of office of director of township library board

A township library board consisting of six directors elected in the November, 1980 general election for terms of four years is not affected by the provisions of the amendatory provisions of 1980 PA 521 and 1984 PA 138 to 1877 PA 164, Sec. 11.

The library board of such township library consists of six members elected to four-year terms.

Honorable Gerald H. Law

State Representative

Capitol Building

Lansing, Michigan

You have requested my opinion on two questions regarding 1877 PA 164, as amended; MCLA 397.201 et seq; MSA 15.1661 et seq, which is an act authorizing cities, incorporated villages and townships to establish and maintain public libraries. As background to these questions, you indicate that the Canton Township Public Library was created pursuant to 1877 PA 164, supra, by the vote of the electors of Canton Township on May 19, 1979, and the six directors of the Canton Public Library Board were elected at the general election of 1980 for four-year terms.

Before addressing your questions, it is in order to review the statutory provisions which governed the nomination and election of the six directors at the primary and general elections of 1980. These provisions are found in 1877 PA 164, Sec. 11, supra, as amended by 1980 PA 114, and the Michigan Election Law, 1954 PA 116, as amended by 1980 PA 112; MCLA 168.1 et seq; MSA 6.1001 et seq, both of which were amended effective May 14, 1980. 1980 PA 114 amended 1877 PA 164, Sec. 11, supra, so as to provide that the provisional board of six library directors initially appointed by the township board to serve until the next township election shall be replaced as follows:

'The permanent library board in a township holding elections for township officers every 4 years shall consist of 6 directors who shall be elected for 4-year terms at the primary and general elections in 1980.'

Consistent with the foregoing requirement, 1980 PA 112 amended 1954 PA 116, supra, to provide, in pertinent part, as follows:

'Sec. 341. Elective township offices shall consist of a supervisor, township clerk, township treasurer, not to exceed 4 constables, and not to exceed 4 trustees. Elective township officers may include library directors and park commission members.' [MCLA 168.341; MSA 6.1341]

'Sec. 358. (1) . . . At the 1980 general election there shall be elected by ballot the following township officers: A supervisor; a clerk; a treasurer; 2 trustees; not more than 4 constables; and, if authorized by law and after a township takes the actions provided in section 11 of Act No. 164 of the Public Acts of 1877, as amended, being section 397.211 of the Michigan Compiled Laws, 6 free public library directors; . . . The order of offices on the township portion of the ballots shall be the same as the officers are here listed.' [MCLA 168.358(1); MSA 6.1358(1)]

'Sec. 362. (1) . . . The term of office of all township officers listed in section 358 shall be 4 years beginning in the 1980 general election, and in all subsequent elections at which township officials are elected.' [MCLA 168.362(1); MSA 6.1362(1)]

Thus, the library directors elected in 1980 serve until the end of 1984. Elections in 1984 will determine the directors to serve until the end of 1988.

Your first question is:

'Are the provisions of Section 11, as amended by Act 521 [of 1980 and 1984 PA 138] applicable to the Canton Public Library in light of the fact that it had a duly elected Library Board as of the effective date of the amendments to Section 11 which would appear to limit its applicability to either a newly established library or a library already established but with respect to which no Library Board has yet been elected?'

1877 PA 164, Sec. 11, supra, as last amended by 1984 PA 138, provides:

'(1) Immediately after . . . a township has voted to establish a free public library, a library board shall be established by the . . . township as prescribed in subsections (3) and (4).

'(2) A . . . township that has a free public library and if a library board has not been elected, . . . the . . . township shall establish a library board as prescribed in subsections (3) and (4).

'(3) The legislative body of a . . . township described in subsection (1) and (2) shall appoint a provisional library board of 6 directors who shall hold office until the . . . township election of a permanent library board.

'(4) A permanent library board shall be established for a . . . township described in subsection (1) or (2) as follows:

'(c) In a township holding elections for township officers every 4 years, 6 directors shall be elected for 4-year terms at the primary and general elections in 1984. A term of office shall not be shortened by the provisions of this subdivision. A director scheduled by this section before March 31, 1981, to be elected at a time other than 1984 shall not be elected on the date scheduled, but shall continue in office until a successor takes office pursuant to the election of 1984. A candidate for township library director shall file nomination petitions bearing signatures of a number of registered and qualified electors of the township equal to not less than 1% nor more than 4% of the total number of votes cast for the office of supervisor in the township in the last election in which a supervisor was elected. All provisions of Act No. 116 of the Public Acts of 1954, being sections 168.1 to 168.992 of the Michigan Compiled Laws, shall govern the circulation and filing of nonpartisan nominating petitions and the conduct of nonpartisan election. . . .

'(d) The directors shall be nominated and elected on nonpartisan ballots.

'(5) A director shall hold office until a successor is elected and qualified.

'(6) A library board shall fill a vacancy in a directorship by appointment of a person to hold office until the next election.

'(7) A provisional or permanent library board has the powers prescribed in section 5.' [Emphasis added.]

The foregoing quotation reflects 1877 PA 164, Sec. 11, supra, as amended by 1980 PA 521, except that 1984 PA 138:

(1) added 'board' following 'provisional library' in subsection (3),

(2) substituted 'March 31, 1981' for 'the effective date of this subdivision' in subsection 4(c), and

(3) added the last three sentences of subsection 4(c).

1877 PA 164, Sec. 11, supra, prescribes certain actions regarding the formation of provisional and permanent library boards for township libraries to be accomplished immediately after a township has voted to establish a free public library, and those designated actions are to culminate in the election of a permanent library board in 1984. By its terms, this revised section 11 has no application to a township which already has an elected permanent library board. The intent of the Legislature is apparent in that 1877 PA 164, Sec. 11, supra, makes no provision for any election of a board for township libraries other than for an initial 1984 election of a permanent board.

In answer to your first question, it is my opinion that 1877 PA 164, Sec. 11, supra, as amended by 1980 PA 521 and 1984 PA 138, pertaining to the appointment and election of provisional and permanent township library boards of newly established township libraries is not applicable to the Canton Township Public Library where a permanent library board consisting of six library directors was elected in the 1980 general election.

Your second question is:

'If Section 11 is not applicable to the Canton Public Library, which provisions of law would govern such questions as the number of library directors, the length of their terms of office, etc.?'

As noted in the introductory portion of this opinion, 1954 PA 116, Sec. 358, supra, provides for six free township public library directors and 1954 PA 116, Sec. 362, supra, provides for four-year terms.

It is my opinion, therefore, that 1954 PA 116, Secs. 358 and 362, supra, respectively, provide for six township public library directors to serve four-year terms of office.

Frank J. Kelley

Attorney General

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