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. 6713

February 24, 1992

INCOMPATIBILITY:

Member of county board of commissioners and county soldiers' relief commission

COUNTIES:

Same person serving as member of county board of commissioners and member of county's soldiers' relief commission

An individual may not serve as a member of a county board of commissioners while also serving on that same county's soldiers' relief commission.

Honorable Phil Arthurhultz

State Senator

The Capitol

Lansing, Michigan

You have asked whether an individual may serve as a member of a county board of commissioners while also serving on that same county's soldiers' relief commission.

A person may not simultaneously occupy two incompatible public positions under 1978 PA 566, MCL 15.181 et seq; MSA 15.1120(121) et seq. Section 1(b) of 1978 PA 566, provides:

"Incompatible offices" means 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 those 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.

Criteria one and two apply to situations where one position sets the compensation for the other, OAG, 1983-1984, No 6126, p 41, 42 (February 15, 1983), and when one position reviews the accounts of the other, OAG, 1979-1980, No 5626, p 537, 542 (January 16, 1980).

Section 1 of the veterans' relief fund act (hereinafter the Act), 1899 PA 214, MCL 35.21 et seq; MSA 4.1051 et seq, creates a relief fund to provide relief to honorably discharged, indigent members of the armed services of the United States and their families. Section 2 of the Act provides for the appointment, by the county probate judge, of three persons to serve on the soldiers' relief commission of the county to administer the relief fund.

Section 1 of the Act directs the county board of commissioners to levy a tax, within statutory limits, for the purpose of creating the relief fund. Section 2(2) empowers the county board of commissioners to fix and pay reasonable compensation to the members of the relief commission for their services.

The soldiers' relief commission, as required by section 5 of the Act, must report to the county board of supervisors, on a yearly basis, all of the relief commission's doings, the amount of relief money on hand, the amount expended during the previous year and the estimated amount for the ensuing year.

The county board of commissioners, in determining the funds available for distribution by the soldiers' relief commission and the compensation of the members of the commission, is clearly supervising the commission. The soldiers' relief commission, in reporting on its activities and estimates to the county board of supervisors, is clearly subordinate to the board. Thus, these two public positions involve the supervision of one public office by another public office and the subordination of one public office to another public office, under section 1(b) of 1978 PA 566.

It is my opinion, therefore, that an individual may not serve as a member of a county board of commissioners while also serving on that same county's soldiers' relief commission.

Frank J. Kelley

Attorney General