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. 6718 April 20, 1992 INCOMPATIBILITY: Offices of county road commissioner and township supervisor An individual may simultaneously serve as a county road commissioner and as a township supervisor unless a contract is negotiated or entered into between the county road commission and the township board. Honorable Bill Martin State Representative The Capitol Lansing, Michigan You have asked my opinion on two questions, the first of which may be phrased as follows: May an individual simultaneously serve as a county road commissioner and as a township supervisor. 1978 PA 566, MCL 15.181 et seq; MSA 15.1120(121) et seq, governs the incompatibility of public offices by prohibiting one person from simultaneously holding two or more incompatible public positions. Section 1(b) of 1978 PA 566 defines incompatible offices as: [P]ublic 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. A township supervisor has no supervisory authority over the office of county road commissioner nor is the township supervisor subordinate to the office of county road commissioner. The remaining issue, therefore, is whether the duties of each office result in a breach of duty of public office pursuant to section 1(b)(iii) of 1978 PA 566. When two public offices occupied by the same person are on opposite sides of a contractual relationship, there is a breach of duty of public office. Further, abstaining from voting on the contract is itself a breach of duty. Only the vacating of one office will solve the public official's dilemma. Contesti v Attorney General, 164 Mich App 271, 280-281; 416 NW2d 410 (1987) 1v den 430 Mich 893 (1988); Wayne County Prosecutor v Kinney, 184 MichApp 681, 684; 458 NW2d 674, 1v den 436 Mich 887 (1990). A township supervisor is a voting member of the township board. MCL 41.70; MSA 5.62. A township board and a county road commission in which the township is located are authorized to contract with each other for the acquisition, construction and maintenance of highways within the township. MCL 247.351; MSA 9.195(1). Clearly, a member of a county road commission who also serves on a township board is placed on opposite sides of the table in negotiating and entering into contracts as provided in MCL 247.351; MSA 9.195(1). The offices of county road commissioner and township trustee are not incompatible unless a contract is negotiated or entered into between the county road commission and the township board. See OAG, 1979-1980, No 5627, p 537, 546 (January 16, 1980). It is my opinion, therefore, that an individual may simultaneously serve as a county road commissioner and as a township supervisor unless a contract is negotiated or entered into between the county road commission and the township board. This office has been informed by your office that the person that was the subject of your second question has retired. Thus, your question is moot and will not be addressed. Frank J. Kelley Attorney General