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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. 6509 March 17, 1988 COLLEGES AND UNIVERSITIES: Community college district--liability of members of board of trustees Members of a community college district board of trustees are immune from tort liability for injuries to persons or damages to property arising from their actions performed within the scope of their executive authority as provided in MCL 691.1407(5); MSA 3.996(107)(5). Honorable Dick Posthumus State Senator The Capitol Lansing, Michigan You have inquired whether members of the board of trustees of a community college district are protected by the limitations on liability provided in either the Nonprofit Corporation Act, 1982 PA 162, as last amended by 1987 PA 170, MCL 450.2101 et seq; MSA 21.197(101) et seq, or the statute dealing with governmental immunity, 1964 PA 170, MCL 691.1401 et seq; MSA 3.996(101) et seq. 1982 PA 162, supra, provides, inter alia, for the organization and regulation of nonprofit corporations. A community college district is not a nonprofit corporation organized under 1982 PA 162, supra. Rather, it is a governmental entity created and regulated pursuant to the community college act of 1966, 1966 PA 331, MCL 389.1 et seq; MSA 15.615(101) et seq, in implementation of Const 1963, art 8, Sec. 7. Thus, members of the board of trustees of a community college district are not protected by the limitations on liability contained in the Nonprofit Corporation Act, supra. In contrast, the statute dealing with governmental immunity, 1964 PA 170, supra, expressly applies to community college districts in Sec. 1(b). In Sec. 7(5) of 1964 PA 170, MCL 691.1407(5); MSA 3.996(107)(5), the Legislature has provided: 'Judges, legislators, and the elective or highest appointive executive officials of all levels of government are immune from tort liability for injuries to persons or damages to property whenever they are acting within the scope of their judicial, legislative, or executive authority.' (Emphasis added.) Community college districts are governed by locally elected boards of trustees pursuant to Const 1963, art 8, Sec. 7, and 1966 PA 331, supra. It is my opinion, therefore, that members of the board of trustees of a community college district are immune from tort liability for injuries to persons or damages to property whenever they are acting within the scope of their executive authority by virtue of MCL 691.1407(5); MSA 3.996(107)(5). Frank J. Kelley Attorney General
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