At that time, it might be of interest to raise the question about whether appointees should be residents of the geographical area that they are supposed to be representing. All the other 196 board members are to be appointed from their specific geographical areas. Ann Arbor is not the place of residence of two of the AATA board.

This raises a question under the Incompatible Public Offices Act. MCL 15.181 et seq. That act prohibits a public official from serving on two public bodies where the bodies contract with each other. Section 3 of the act expressly exempts some transit authorities, but only if the two authorities include the same communities:

“(11) Section 2 does not prohibit a public officer or public employee of an authority created under the public transportation authority act, 1986 PA 196, MCL 124.451 to 124.479, from serving as a public officer or public employee of another public transportation authority if each public transportation authority has members consisting of identical political subdivisions.”

It appears that the AATA and the new county-wide authority would not consist of “identical political subdivisions.”