Our Feed

We are involved in our communities, our profession, and our clients' associations and activities.

Can a member of the Zoning Board of Appeals or the Planning Commission also work for the Township as a grounds keeper or employee working at a transfer station?

No. The answer is based on prohibitions in the Michigan Zoning Enabling Act and the Michigan Planning Enabling Act regarding this situation. In other instances, elected or appointed positions must be reviewed to determine whether they are incompatible offices under MCL 15.181 et seq, and thus, the holding of both offices would be prohibited, subject to certain exceptions.

In this instance, the Michigan Zoning Enabling Act, MCL 125.3601(6) specifically states that “[a]n employee or contractor of the legislative body may not serve as a member of the zoning board of appeals.” As a result, no township employee may serve on that township’s zoning board of appeals.

Similarly, the Michigan Planning Enabling Act, MCL 125.3815(5) states that “ [e]xcept as provided in this subsection, an elected official or employee of the local unit of government is not eligible to be a member of the planning commission.” No exception within this section is applicable to the circumstances described. As a result, an employee of a transfer station or a groundskeeper may not serve on the township’s planning commission.

In light of the express prohibitions in the  Michigan Zoning Enabling Act and the Michigan Planning Enabling Act , it is unnecessary to evaluate whether there are any incompatible offices.

Recent Articles & Announcements

  1. Debunking Michigan’s Myth Abou...

    In Plachta v Plachta, ___ Mich App ___; ___ NW3d ___ (2026) (Docket No. 374260), the Michigan Court of Appeals confirmed what should have be...

    Read More
  2. When Promises to Pay Break: Conf...

    Promises to pay are easy to make and notoriously expensive to enforce. Even a straightforward claim can be trapped in months—or years—of...

    Read More
  3. Will the new amendments to the M...

    Yes. On December 23, 2025, Governor Whitmer signed Public Act 58 of 2025, amending Section 108 of the Michigan Land Division Act (MCL 560.10...

    Read More
Talk to an Attorney
Request a Consultation

At Fahey Schultz Burzych Rhodes PLC, we’ve been helping municipalities, franchised businesses, employers, and more with their legal needs since 2008. We’d love to learn how we can help you, too.