Wayne County Prosecutor v. Kinney

This is an action brought pursuant to § 4 of the incompatible offices act, MCL 15.181 et seq.; MSA 15.1120(121) et seq. Defendant James Kinney (hereinafter defendant) appeals as of right from an order finding that he holds two incompatible public offices and granting summary disposition in favor of plaintiff. We affirm.

Defendant serves both as a member of the City of Woodhaven City Council and as a paid volunteer fire fighter for the Woodhaven Fire Department. The collective bargaining agreement between the city and the Woodhaven Firefighters Association sets forth the terms and conditions of…