What is a “Notice of Adoption”? What is a “Notice of Adoption̶...
After adopting a new ordinance or an amendment to an existing ordinance, a municipality must publish notice of the new legal obligations in ...
Read MorePhone 517.381.0100
High Contrast
We are involved in our communities, our profession, and our clients' associations and activities.
Generally, no. There is no state law that prohibits family members from being officers of the township. Similarly, there is no state law that prohibits family members from being employees of the township. A township, however, may have adopted an anti-nepotism provision to maintain a certain public perception and maintain a good working environment (and morale) for township officers and employees. These provisions must be carefully drafted and limited in scope to avoid constitutional challenges.
For instance, a City adopted a provision prohibiting family members of a certain degree from being hired within the same department of the City. Winrick v City of Warren, 99 Mich App 770, 774, 299 NW2d 27, 29 (1980). The provision was upheld as constitutional because it was limited to a single department. Since the City had ten departments, a family member could always obtain employment in one of the other nine departments. In contrast, a provision that prevented a city official from hiring any person related by a second degree to any city position was found unconstitutional. There, the court found that the provision went far beyond the legislative purpose of preventing nepotism.
After adopting a new ordinance or an amendment to an existing ordinance, a municipality must publish notice of the new legal obligations in ...
Read MoreThis month’s E-Letter focuses on the latest legislative moves relevant to townships. Republicans and Democrats have different political pr...
Read MoreOn December 3, 2024, the United States District Court for the Eastern District of Texas issued a Memorandum Opinion and Order prohibiting th...
Read MoreAt 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.