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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. 6282 March 29, 1985 INCOMPATIBILITY: Offices of member of county board of commissioners and member of county housing commission The offices of member of the county board of commissioners and member of the county housing commission are incompatible and may not be simultaneously occupied by the same person. Mr. Larry F. Field Iron County Prosecuting Attorney Courthouse 2 South Sixth Street Crystal Falls, Michigan 49920 You have asked for my opinion as to whether a member of the county board of commissioners may serve as a member of the county housing commission. Your letter indicates your conclusion that such dual offices would be prohibited by MCL 15.181 et seq; MSA 15.1120(121) et seq. According to your letter, the housing commission was formed pursuant to MCL 125.651 et seq; MSA 5.3011 et seq. MCL 125.653; MSA 5.3013, permits a county to create by ordinance, subject to possible referendum by the electors of the county, a housing commission with the power to accomplish the purposes under the Act which include the acquisition and operation of housing facilities and the elimination of housing conditions which are detrimental to public health and safety. Members of the commission in the county in question are appointed by the chairman of the county board of commissioners for five-year terms. MCL 125.653(d); MSA 5.3013(d), and MCL 125.654; MSA 5.3014. The county housing commission is subject to the supervision of, and is subordinate to, the county board of commissioners in that: 1. Housing commission members may receive compensation for actual expenses incurred in an amount as determined by the county board, MCL 125.654(4); MSA 5.3014(4), (1) 2. An annual report is to be submitted by the county housing commission to the county board of commissioners, plus other periodic reports as required by the county board, MCL 125.659; MSA 5.3019, and 3. All deeds, contracts, leases and purchases (other than contracts for the purchase of necessary materials and tenant leases) are to be in the name of the county and are to be approved by the county board, MCL 125.661; MSA 5.3021. MCL 15.182; MSA 15.1120(122), provides, in pertinent part: '[A] public officer or public employee shall not hold 2 or more incompatible offices at the same time.' In MCL 15.181(b); MSA 15.1120(121)(b), the Legislature has defined, for purposes of the Act, the phrase 'incompatible offices' to mean '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 the 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 added.] The elements of subordination and supervision noted above make these two positions incompatible in terms of MCL 15.181 et seq; MSA 15.1120(121) et seq. In response to your question, it is my opinion, therefore, that the offices of member of the county board of commissioners and member of the county housing commission are incompatible and may not be simultaneously occupied by the same person. Frank J. Kelley Attorney General (1)
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