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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. 6494 February 5, 1988 LIBRARIES: Township employee serving as member of township library board OFFICERS AND EMPLOYEES: Political activities of township employees TOWNSHIPS: Township employee serving as member of township library board A township employee may not simultaneously serve as a member of the permanent library board of the same township. Honorable Donald H. Gilmer State Representative The Capitol Lansing, Michigan 48913 You have requested my opinion as to whether a township employee may simultaneously serve as a member of the permanent township library board of the same township. This question was previously addressed in OAG, 1979-1980, No 5621, p 533, 534 (January 9, 1980), in which it was stated in view of the Michigan Election Law, 1954 PA 116, c 16, MCL 168.341-168.373; MSA 6.1341-6.1373, and 1976 PA 169, Sec. 3, MCL 15.403; MSA 4.1702(3), that: '[A] person may not be a township employee and an elected member of the permanent library board of the township. A person who is employed by the township and is elected to the permanent library board must either resign his or her employment or from the elected office, or, be granted a leave of absence.' You correctly note that there have been amendments to certain statutes which were cited in OAG, 1979-1980, No 5621, supra. 1877 PA 164, Sec. 11(4)(d), added by 1980 PA 521, MCL 397.211(4)(d); MSA 15.1672(4)(d), now provides that the directors of a permanent library board shall be nominated and elected on nonpartisan ballots. Further, the Michigan Election Law, 1954 PA 116, c 16, Sec. 341, MCL 168.341; MSA 6.1341, as amended by 1980 PA 112, now provides that: '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.' While the Legislature has changed the manner of election of township library board members by enacting 1980 PA 521 which requires elections to a permanent library board to be by a nonpartisan ballot, the change does not affect my opinion in OAG, 1979-1980, No 5621, supra, since the employee must still become a candidate for elective office. Act 169, Sec. 1, in part, defines 'public employee' as an employee of a political subdivision of the state. Act 169, Sec. 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 . . . township . . . 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 . . . 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 elected term.' The definition of a 'public employee' and regulation of political activities by public employees has not changed since OAG, 1979-1980, No 5621. It is my opinion, therefore, that a township employee may not simultaneously serve as a member of the permanent library board of the same township. Frank J. Kelley Attorney General
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