Update December 16th, 12:05p.m. Mark Behnke has resigned from the Calhoun County Commission.

(Photo courtesy of Battle Creek Enquirer)

Mark Behnke is remaining on both the Battle Creek City Commission and the Calhoun County Commission at least for now. Last month voters in Battle Creek elected Behnke to the city commission. Behnke had previously served for 18 years on the commission, including two stints as mayor. He deiced not to run for re-election in 2009 and was elected to the Calhoun County Commission last year.

Battle Creek Enquirer reporter Barrett Newkirk told WMUK’s Gordon Evans that the legal counsel for the Attorney General has written a letter advising that Behnke cannot hold both jobs. But that opinion is not a formal Attorney General’s opinion which carries the weight of law, unless overturned in court. Newkirk says Behnke cites an opinion from 1996 to support his claim that he can hold both offices for now.

Newkirk says that during the campaign Behnke said he would step down from the County Commisison if he was elected to the City Commission. Newkirk says Behnke is now considering staying on the County Commission.