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. 6738 November 13, 1992 INCOMPATIBILITY: City councilperson--paid city volunteer firefighter The positions of city councilperson and paid volunteer firefighter for the same city are compatible in a city with a population of less than 25,000, provided the individual is not a full-time firefighter, is not the fire chief and does not participate in negotiations with the city on behalf of the firefighters. Honorable Donald H. Gilmer State Representative The Capitol Lansing, Michigan You have asked whether an elected city councilperson may also serve as a paid volunteer on that city's fire department. According to the information provided with your request, a member of the Galesburg City Council serves as a paid volunteer firefighter for the City of Galesburg/Charleston Township volunteer fire department. The incompatible offices act, 1978 PA 566, MCL 15.181 et seq; MSA 15.1120(121) et seq, in section 2, prohibits an individual 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. Prior opinions of the Michigan Court of Appeals and this office have concluded that the positions of city councilperson and a paid volunteer firefighter for the same city are incompatible. See, Wayne County Prosecutor v Kinney, 184 MichApp 681, 685; 458 NW2d 674, lv den 436 Mich 887 (1990), and OAG, 1977-1978, No 5390, p 689, 690-691, (November 21, (1978). However, section 3 of 1978 PA 566 was subsequently amended by 1992 PA 10 and now provides in relevant part: (4) Section 2 shall not be construed to do any of the following: (a) Prohibit public officers or public employees of a city, village, township, or county having a population of less than 25,000 from serving, with or without compensation, as emergency medical services personnel as defined in section 20904 of the public health code, Act No. 368 of the Public Acts of 1978, being section 333.20904 of the Michigan Compiled Laws. (b) Prohibit public officers or public employees of a city, village, township, or county having a population of less than 25,000 from serving, with or without compensation, as a firefighter in that city, village, township, or county if that firefighter is not any of the following: (i) A full-time firefighter. (ii) A fire chief. (iii) A person who negotiates with the city, village, township, or county on behalf of the firefighters. (c) Limit the authority of the governing body of a city, village, township, or county having a population of less than 25,000 to authorize a public officer or public employee to perform, with or without compensation, other additional services for the unit of local government. [ Emphasis added.] The Legislature, in 1992 PA 10, recognized the need for governmental entities of limited population to utilize their public officials and employees to fill all of the available public positions. An examination of the legislative history of 1992 PA 10 reveals that: The bills are a response to problems that have arisen in small, mostly rural communities, which often must rely on the same people to serve in several different capacities in order to fulfill the communities' needs. Larger and more urban communities normally have little need for part-time or volunteer emergency workers. Senate Legislative Analysis, HB 4262 and HB 4263, February 13, 1992. (1) The population of the City of Galesburg when combined with the population of Charleston Township, with whom it shares firefighting services, is currently less than 25,000. Therefore, 1992 PA 10 applies to a member of the Galesburg City Council who serves as a paid volunteer firefighter on that city's fire department. OAG, 1991-1992, No 6730, p ___ (September 4, 1992), applied 1992 PA 10 to a county with a population under 25,000 and concluded that the positions of county commissioner and ambulance worker for the same county are compatible. It is my opinion, therefore, that the positions of city councilperson and paid volunteer firefighter for the same city are compatible in a city with a population of less than 25,000, provided the individual is not a full-time firefighter, is not the fire chief and does not participate in negotiations with the city on behalf of the firefighters. Frank J. Kelley Attorney General (1 1992 PA 9 added section 3a to the statute dealing with conflicts of interest by public servants, 1968 PA 317, MCL 15)