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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. 6443 June 8, 1987 POLITICAL ACTIVITY: Members of village council being employed by the village VILLAGES: Employment of members of village council by a village The Legislature has prohibited members of a village council from being employed by the village. Honorable Mat Dunaskiss State Representative The Capitol Lansing, Michigan 48909 You have requested my opinion as to whether an elected village official could also be employed by the village. Your correspondence indicates that the Village of Leonard would like to employ elected village council persons as part-time employees of the village within the Department of Public Works. 1976 PA 169, MCL 15.401 et seq; MSA 4.1702(1) et seq, regulates political activities by certain public employees. MCL 15.403; MSA 4.1702(3), provides, in pertinent part: "(1) An employee of a political subdivision of the state may: "(c) Become a candidate for nomination and election to any state elective office, or any district, county, city, village, township, school district, or other local elective office without first obtaining a leave of absence from his employment. If the person becomes a candidate for elective office within the unit of government or school district in which he is employed, unless contrary to a collective bargaining agreement the employer may require the person to request and take a leave of absence without pay when he complies with the candidacy filing requirements, or 60 days before any election relating to that position, whichever date is closer to the election. "(2) However, a public employee of a unit of local government or school district who is elected to an office within that unit of local government or school district shall resign or may be granted a leave of absence from his employment during his [or her] elected term." The purpose of this legislation is to preclude public employees from participating in certain political activities. When a public employee is elected to an office in the unit of government in which he or she is employed, the individual must resign or be granted a leave of absence from the employment during the elected term of office. See, OAG, 1985-1986, No 6368, p 296 (June 5, 1986); OAG 1981-1982, No 5937, p 267 (July 27, 1981); OAG, 1981-1982, No 5863, p 79 (March 26, 1981); OAG, 1979-1980, No 5621, p 533 (January 9, 1980); OAG, 1979-1980, No 5470, p 115 (March 28, 1979); OAG, 1979-1980, No 5529, p 317 (August 3, 1979); OAG, 1977-1978, No 5390, p 689 (November 21, 1978); and OAG, 1975-1976, No 5108, p 685 (November 18, 1976). In a situation where a person is first elected to an office and then seeks employment with the same unit of government, the provisions of MCL 15.403; MSA 4.1702(3), would also apply. In Unpublished opinion of the Attorney General, (Rep. Edward E. Mahalak [August 1, 1984], it was concluded that the prohibition of MCL 15.403; MSA 4.1702(3), "applies to an elected official during the elected term of office so as to preclude the elected official from undertaking employment in that same unit of government." In light of this conclusion it is unnecessary to consider whether the two village positions would be incompatible under MCL 15.181 et seq; MSA 15.1120(121) et seq. It is my opinion, therefore, that MCL 15.403; MSA 4.1702(3), prohibits an elected village official during the elected term of office from simultaneously being employed by that same unit of government. Frank J. Kelley Attorney General
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