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This is a great question! The Michigan Zoning Enabling Act (MZEA) and Michigan Planning Enabling Act (MPEA) both specify that a conflict of interest will require a Commission member to abstain from voting on a matter. See e.g. MCL 125.3601(7) (stating that a member of a Zoning Board of Appeal may be removed for malfeasance for failing to recuse themselves where they have a conflict of interest); MCL 125.3815(9) (stating a member of a Planning Commission may be removed for malfeasance for failing to recuse themselves where they have a conflict of interest). Even so, neither act defines what specific circumstances constitute a “conflict of interest.”
Since conflicts of interest are not set forth in the MZEA or the MPEA, we generally recommend that the Township Planning Commission defines its own conflicts of interest within its bylaws. This will allow guidance to commission members as to the specific circumstances that create a conflict and require abstention. The Michigan Townships Association has model bylaws that can be a great resource in considering the adoption of bylaws. Examples of typical conflicts of interest that are defined include the following:
Negotiating and drafting municipal construction contracts can be a stressful process for Board or Council members, even when ignoring the le...
Read MoreNo. We receive similar questions like this from clients often. An individual has no property right in a specific zoning ordinance land use c...
Read MoreGenerally, no. And, we advise against it. Townships always need to be cautious of creating any board, commission or committee that is undert...
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