Are elected or appointed officia...
No. Elected officials are not employees under the Earned Sick Time Act and will not be entitled to paid sick time. Appointed officials in a ...
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
-
-
Preparing Your Township to Compl...
A new mandatory paid sick time law will go into effect for all Michigan employers next year. After a lengthy legal battle, the Michigan Supr...
Read More -
Some Tips Before Entering Into a...
Negotiating and drafting municipal construction contracts can be a stressful process for Board or Council members, even when ignoring the le...
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.
