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. 6842 April 4, 1995 COUNTIES: County road commission employee running for the county board of commissioners An employee of a county road commission may run for the county board of commissioners without resigning the employment at the road commission. Honorable Nick Ciaramitaro State Representative The Capitol Lansing, Michigan You have asked whether an employee of a county road commission may run for the county board of commissioners without resigning the employment at the road commission. In MCL 46.30a(1); MSA 5.353(1)(1), the Legislature has provided that "[a] member of the county board of commissioners of any county shall not be eligible to receive, or shall not receive, an appointment from, or be employed by an officer, board, committee, or other authority of that county except as otherwise provided by law." Clearly, this provision does not require the candidate to resign from employment with the county road commission during the campaign. Political activities of public employees are regulated by 1976 PA 169, MCL 15.401 et seq; MSA 4.1702(1) et seq. Section 1 of 1976 PA 169 defines "public employee" as "an employee of the state classified civil service, or an employee of a political subdivision of the state who is not an elected official." (Emphasis added.) Thus, 1976 PA 169 applies to an employee of a county road commission. Section 3 of 1976 PA 169 reads, in pertinent part, as follows: An employee of a political subdivision of the state may: (c) Become a candidate for nomination and election to any state elective office, or any district, county, city, village, township, school district, or other local elective office without first obtaining a leave of absence from his employment. If the person becomes a candidate for elective office within the unit of government or school district in which he is employed, unless contrary to a collective bargaining agreement the employer may require the person to request and take a leave of absence without pay when he complies with the candidacy filing requirements, or 60 days before any election relating to that position, whichever date is closer to the election. [ Emphasis added.] This provision does not require that the employee in question resign his or her employment during the campaign. Nonetheless, since the employee is becoming a candidate for elective office within the unit of government in which he or she is employed, i.e., the county, the county road commission may require that the employee take a leave of absence without pay after complying with the candidacy filing requirements or 60 days before the election, whichever is closer to the election, in the absence of a collective bargaining agreement stating otherwise. Also, it should be noted that section 3(2) of 1976 PA 169 states: [A] public employee of a unit of local government or school district who is elected to an office within that unit of local government or school district shall resign or may be granted a leave of absence from his employment during his elected term. OAG, 1981-1982, No 5863, p 79 (March 26, 1981), concluded, based upon the above-quoted statutory language, that if the employee of the county road commission were elected to the county board of commissioners, the employee must either resign or be granted a leave of absence by the county road commission during the term of office. It is my opinion, therefore, that an employee of a county road commission may run for the county board of commissioners without resigning the employment at the road commission. Frank J. Kelley Attorney General