Do employees have First Amendmen...
In the private sector, the First Amendment does not apply. However, in the public sector, employees have First Amendment rights that may pro...
Read MoreOur Feed
We are involved in our communities, our profession, and our clients' associations and activities.
The Township has an individual that serves on the Planning Commission and on the Zoning Board of Appeals. When a project comes before both, can the individual vote on both boards on the same issue or should they recuse themselves for one or the other?
The Township has an individual that serves on the Planning Commission and on the Zoning Board of Appeals. When a project comes before both, can the individual vote on both boards on the same issue or should they recuse themselves for one or the other? Is it a conflict of interest?
The Michigan Zoning Enabling Act (MCL 125.3101 et seq.) clearly instructs that when a member of the Township’s Planning Commission also sits on the Township’s Zoning Board of Appeals that person “shall not participate in a public hearing on or vote on the same matter that the member voted on as a member of . . . the planning commission.” MCL 125.3601(13). Therefore, no, that person cannot vote on issues as a member of the planning commission and as a member of the Zoning Board of Appeals. The statute does provide, however, that “the member may consider and vote on other unrelated matters involving the same property.” Id.
Recent Articles & Announcements
-
-
Employee Discipline 101: Best Pr...
One of the most difficult and intimidating aspects of being a municipal employer is managing employee misconduct or poor performance. City, ...
Read More -
Does the public have access righ...
While some factors may change the outcome, the answer is generally no. In fact, “[n]o Michigan decision has ever held that a dedication of...
Read More
Talk to an Attorney
Request a ConsultationAt 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.
