![]() Whether serving as a zoning administrator constitutes “other additional services for the unit of government” has not been considered by the Michigan Attorney General. The amendments allow township elected officials to render (for compensation) “other additional services for the unit of government” if the township has less than 40,000 residents. In 2015, Michigan’s Incompatible Offices Act was amended to allow more flexibility for townships with a population of less than 40,000 inhabitants. In that opinion, the Attorney General explained how the zoning administrator is supervised by the township trustee as a member of the township board.ĭespite the zoning administrator being supervised by the township trustee, in limited circumstances, an individual may be able to hold both positions. See Michigan Attorney General Opinion 6839 (1995). Previous opinions from Michigan’s Attorney General show that a zoning administrator and township trustee would most likely be incompatible offices because a township trustee is responsible for supervising the zoning administrator. The three-part test from the Incompatible Offices act is broad and requires a fact-intensive inquiry to determine whether two positions are incompatible. The Incompatible Offices Act establishes a three-part test to determine whether two positions are “incompatible.” If one position: (1) subordinates another position (2) supervises another position or (3) causes a breach of duty of public offices, then holding those two positions constitutes an incompatible office and an individual must step down from one of the positions to avoid the incompatibility issue. The statute governing whether an individual can hold two public offices is Michigan’s Incompatible Offices Act. It may be valid under current law, but for practical reasons should be carefully considered.
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