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Can a township hire someone for a public job without posting notice of the position to give the public a chance to apply for the position?

Yes. Under MCL 41.75a, “[t]he township board may employ a township manager and other employees as are necessary.” There are no notice requirements for township hiring, other than giving public notice of the time, date, and place of the meeting in which hiring decisions are made in the manner required by the Open Meetings Act, MCL 15.261 et seq. Similarly, there is no notice or posting requirement for most appointments made by a township board or its officials.

Even though there is no requirement for posting notice of an open position, there is also no statutory prohibition against it. Therefore, townships have the discretion to adopt a hiring policy that requires public notice when the township is accepting applications for employment. This policy could mandate that the notice be published in a certain format, put forth application deadlines based on the date of the notice, and require the notice to include the minimum requirements for the position. Adopting a similar hiring policy could ensure that the public is given a chance to apply for any open positions within the township, but it could also make the process of hiring and appointing more cumbersome. All of these considerations should be weighed by a township board in determining which process suits its needs.

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