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. 6728 August 26, 1992 INCOMPATIBILITY Board of education member and nursery school employee in the same school district A person may not simultaneously serve as a member of a board of education and as a nursery school worker when the nursery school program is operated by the board of education of the same school district. Honorable Nick Smith State Senator The Capitol Lansing, MI You have asked whether a person may simultaneously serve as a member of a board of education and as a nursery school worker when the nursery school program is operated by the same school district. Incompatibility of public positions is governed by 1978 PA 566, MCL 15.181 et seq; MSA 15.1120(121) et seq. Section 2 of that statute prohibits one person from simultaneously holding two or more incompatible public positions. Section 1(b) 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. Thus, if one public position is subordinate to or supervised by another, the positions are incompatible. The board of an intermediate or local school district may establish and operate a preschool program pursuant to section 1285 of The School Code of 1976, 1976 PA 451, MCL 380.1 et seq; MSA 15.4001 et seq. Ass'n of Little Friends, Inc v Escanaba, 138 MichApp 302, 308; 360 NW2d 602 (1984). Your letter advises that the Springport Public School District operates a half-day nursery school through its Community Education Program. The employees of the nursery school are paid by the school district as independent contractors for income tax purposes. However, the board of education of the school district has the authority to hire, fire, supervise, discipline and establish the salary and duties of the nursery school employees. Therefore, a school board member has direct supervisory authority over an employee of the same school district's nursery school program. See, OAG, 1989-1990, No 6642, p 283 (January 2, 1990) (member of a board of education of a school district may not be employed as a part-time athletic coach by the same school district); OAG, 1985-1986, No 6368, p 296 (June 5, 1986) (member of a board of education of a school district may not be employed as a bus driver by the same district). It is my opinion, therefore, that a person may not simultaneously serve as a member of a board of education and as a nursery school worker when the nursery school program is operated by the board of education of the same school district. Frank J. Kelley Attorney General