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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. 6260

December 5, 1984

COUNTIES:

Member of a county board of commissioners serving as member of the board of directors of interlocal public agency formed by county

A member of a county board of commissioners may simultaneously serve as a member of an interlocal public agency formed by the county and other local governmental units in accordance with an interlocal agreement authorized by 1967 Ex Sess PA 7.

Honorable James Mick Middaugh

State Representative

The Capitol

Lansing, Michigan

You have requested my opinion with respect to whether a member of the Van Buren County Board of Commissioners may simultaneously serve as a member of the board of directors of the community action agency serving Van Buren and Cass Counties (VanCas CAP).

VanCas CAP is a nonprofit public agency formed under the Urban Cooperation Act of 1967, 1967 Ex Sess PA 7; MCLA 124.501 et seq; MSA 5.4088(1) et seq, by interlocal agreement between the Van Buren County Board of Commissioners, Covert Township Board of Trustees, Van Buren Intermediate School District and the Cass County Board of Commissioners. VanCas CAP has been designated as a community action agency pursuant to the Michigan Economic and Social Opportunity Act of 1981, 1981 PA 230; MCLA 400.1101 et seq; MSA 16.615(1) et seq, with a board of directors as its governing body as permitted by 1981 PA 230, supra, Secs. 11 and 12.

Const 1963, art 7, Sec. 28, provides:

'The legislature by general law shall authorize two or more counties, townships, cities, villages or districts, or any combination thereof among other things to: enter into contractual undertakings or agreements with one another or with the state or with any combination thereof for the joint administration of any of the functions or powers which each would have the power to perform separately; share the costs and responsibilities of functions and services with one another or with the state or with any combination thereof which each would have the power to perform separately; transfer functions or responsibilities to one another or any combination thereof upon the consent of each unit involved; cooperate with one another and with state government; lend their credit to one another or any combination thereof as provided by law in connection with any authorized publicly owned undertaking.

'Any other provision of this constitution notwithstanding, on officer or employee of the state or any such unit of government or subdivision or agency thereof, except members of the legislature, may serve on or with any governmental body established for the purposes set forth in this section and shall not be required to relinquish his office or employment by reason of such service.' [(Emphasis added.]

The Legislature, in response to the mandate of Const 1963, art 7, Sec. 28, passed 1967 Ex Sess PA 7, supra, which authorizes interlocal public agency agreements and establishes the standards for such agreements.

1967 Ex Sess PA 7, supra, Secs. 4, 5 and 7, provide in pertinent part:

'Sec. 4. A public agency of this state may exercise jointly with any other public agency of the state or with a public agency of any other state of the United States or with a public agency of the Dominion of Canada or with any public agency of the United States government, any power, privilege or authority which such agencies share in common and which each might exercise separately.'

'Sec. 5. A joint exercise of power pursuant to this act shall be made by contract or contracts in the form of an interlocal agreement. . . .'

'Sec. 7. (1) An interlocal agreement may provide for a separate legal or administrative entity to administer or execute the agreement which may be a commission, board or council constituted pursuant to the agreement. The entity shall be a public body, corporate or politic for the purposes of this act.'

1981 PA 230, supra, Sec. 11(1), sets out the requisite membership of a community action agency board of directors.

'A community action agency that is a non-profit agency, as provided in section 8(1)(c) or (d), shall establish a governing board of director which shall consist of not less than 15 nor more than 51 members. One-third of the members shall be low income, elderly, or handicapped consumers residing in the service area of the community action agency. Consumer representatives shall be selected through a democratic process pursuant to guidelines established by the department. One-third of the members shall be representatives of the units of local government and public agencies within the services area of the community action agency. One-third of the members shall represent the private sector, including representatives of business and industry, agriculture, labor, and religious and civic organizations located within the service area of the community action agency.' [Emphasis added.]

In view of the foregoing constitutional and statutory provisions, local officials, including members of county boards of commissioners, are authorized to sit on the governing boards of agencies formed under 1967 Ex Sess PA 7, supra, while maintaining their offices with their respective units of government.

It is my opinion, therefore, that a member of the Van Buren County Board of Commissioners may simultaneously serve as a member of the board of directors of VanCas CAP.

Frank J. Kelley

Attorney General


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