Fahey Schultz Burzych Rhodes PLC has been ranked in the 2021 U.S. News – Best Lawyers® “Best Law Firms” list regionally in 11 practice areas. Firms included in the 2021 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law…
Fahey Schultz Burzych Rhodes PLC ranked in 2021 “Best Law Firms”
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Can the County relinquish control over the public roads in the Township?
Yes. The Board of County Road Commissioners can do so under the General Highway Law, MCL 224.18. To relinquish jurisdiction over a road to a township, the Board must 1) adopt a resolution relinquishing jurisdiction and control over the road and 2) publish notice in a newspaper of general circulation in the county once a…
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2020 Election Issues Update
With the 2020 General Election only days away, it is important to have an up-to-date understanding of all laws, court cases, and regulations that may impact your polling place. This E-letter will provide an overview of the latest developments that could potentially impact your operations, and inform you of the current state of the law…
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Update: MiOSHA Emergency Rules Regarding COVID-19
On October 14, 2020, the Michigan Occupational Safety and Health Administration (MiOSHA) issued Emergency Rules requiring employers to take certain actions to address (and prevent!) COVID-19 in the workplace. The Michigan Supreme Court’s decisions regarding the validity of Governor Whitmer’s COVID-19 related Executive Orders impacted the current workplace safety rules and, similarly, safety measures for…
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Update: Supreme Court’s October 12, 2020 Ruling
On October 12, 2020, the Michigan Supreme Court ruled in House of Representatives and Senate v Governor (a pending state case challenging the Governor’s executive orders) that Governor Whitmer’s executive orders adopted after April 30, 2020, and involving COVID-19, lack any legal effect under Michigan law for the same reasons that the Supreme Court provided…
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Hold Tight Following the Supreme Court's October 2, 2020 Order
This past Friday, the Michigan Supreme Court ruled that Governor Whitmer had no legal authority to issue emergency executive orders in response to the COVID-19 pandemic after April 30, 2020. The Court’s Opinion analyzes the state of emergency that was declared under the Emergency Management Act (“EMA”) and the Emergency Powers of Governor Act (“EPGA”)….
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Eight Fahey Schultz Burzych Rhodes PLC Attorneys Named to the 2020 Michigan Super Lawyers and Rising Star Lists
Fahey Schultz Burzych Rhodes PLC is pleased to announce that eight of its lawyers have been named to the 2020 Michigan Super Lawyers and Michigan Rising Stars lists. The annually published list is intended to be a resource to help in the selection of outstanding lawyers, identifying those with practice area expertise. No more than the…
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Does a bidder who was not selected for a public works project have grounds to sue the Township for not being selected?
No. Michigan cases demonstrate that the submission of a bid does not establish any reasonable expectancy to have been awarded the public project. This is regardless of whether the bidder was the lowest bidder, as Michigan courts have determined that a bidder has no standing to sue the Township. This includes any claims to recover…
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Short-Term Rentals: What You Need to Know
“Short-term rentals” (“STRs”) generally refer to houses offered for temporary rental occupation, often facilitated by websites such as Airbnb, HomeAway and VRBO. The issue has gained significance in many communities, creating a hotly debated discussion over whether these uses are already allowed throughout various residential districts, and, if they are not allowed, whether a township…
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New York v. Scalia: The Joint Employer Saga Continues
Earlier this year, the Department of Labor’s (the Department) new rule interpreting the definition of “joint employer” under the Fair Labor Standards Act (FLSA) became final. The Rule was the product of the Department’s efforts to create a clear definition of who qualifies as a joint employer. The Rule requires a joint employer to actually…
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Are Your FMLA Forms Up To Date?
In June, the United States Department of Labor (“DOL”) revised some of its Family and Medical Leave Act (“FMLA”) forms. While the DOL generally reserves form revisions for changes in the law, it appears these revisions were geared towards making the forms more understandable for employers and employees alike. The timeframes for providing employees with…
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Back to School? Understand When Parents are Allowed to Use Federal Paid Leave
As we approach six months since Michigan schools were closed for the Spring and Michiganders were ordered to stay home due to the COVID-19 pandemic, we now face new questions about how parents and employers alike will handle the challenges of the 2020-2021 academic year. As of April 1, the Families First Coronavirus Response Act…
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Update on Payroll Tax Deferral
Last week, we told you about President Trump’s August 8 Memorandum (available here) directing the Treasury Department to defer payment of employee-side Social Security payroll taxes for employees making less than $4,000 (pre-tax) per bi-weekly pay period (roughly $104,000 annually). The deferral is slated to begin for any wages paid on or after September 1,…
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The local paper issues a monthly paper, whereas the county-wide paper issues a paper more frequently. Does the Township have to post its notices for zoning public hearings in the local paper to comply with the Michigan Zoning Enabling Act?
No, as long as the county-wide paper is “generally circulated” in the Township. Under the Michigan Zoning Enabling Act, public hearings must be noticed through publication in a newspaper. But, the Zoning Enabling Act does not require the newspaper be specific to the Township or that it be the newspaper with the most subscribers within…
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10 Things Your Township Should Consider About Outdoor Dining and Retail Regulations
Restaurant owners, entrepreneurs, and other businesses here and around the world have utilized outdoor dining or retail space to enhance the consumer experience for decades. With the emergence of COVID-19, however, there has been an increase in local municipalities questioning how to best support businesses while also adhering to social distancing and other preventative measures….
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Presidential Action Raises Questions about Payroll Tax Deferral & Unemployment Extension
On August 8, President Trump issued an Executive Order and three memoranda with the stated hope of reinvigorating the American economy despite Congress’s failure to strike a deal to relieve the economic impact of COVID-19. Two of the memoranda have potential impact on employers and employees alike. Payroll Taxes …
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Executive Order 2020-172 Renewed Workplace Protections & Updated Employee Quarantine Guidelines
On August 27, 2020, Governor Whitmer issued Executive Order 2020-172, the seventh updated Workplace Safety Order. This guidance reaffirms that employers are prohibited from discharging, disciplining, or retaliating against employees who stay home when they or their close contacts are sick and clarifies what might trigger an employer to send an employee home from work—and…
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Ten Lawyers from Fahey Schultz Burzych Rhodes Recognized by Best Lawyers® for Legal Excellence
Fahey Schultz Burzych Rhodes PLC is pleased to announce that 8 lawyers have been selected for inclusion in the 2021 Edition of The Best Lawyers in America. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Best Lawyers has published their list for over three decades, earning the…
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August 8, 2020 Presidential Executive Order and Memoranda
On August 8, President Trump issued an Executive Order and three memoranda with the stated hope of reinvigorating the American economy despite Congress’s failure to strike a deal to relieve the economic impact of COVID-19. Two of the memoranda have potential impact on employers and employees alike. Payroll Taxes One of the memoranda directs the…
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Executive Order 2020-161 Updates and Additional Guidance on Workplace Safety
On July 30, 2020, Governor Whitmer issued Executive Order 2020-161, the fifth updated Workplace Safety Order, which sets out further guidance and requirements for workplaces operations during the pandemic. Much of the Order reiterates prior guidance. New and updated requirements, though generally minor, are outlined below. UPDATED STATEWIDE MINIMUM WORKPLACE SAFETY REQUIREMENTS The Order reiterates…
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Executive Order 2020-160 Updates and Additional Guidance on Indoor and Outdoor Activities and Gatherings
On July 30, 2020, Governor Whitmer issued Executive Order 2020-160, the Amended Safe Start Order, further restricting indoor and outdoor gathering sizes, re-closing overnight camp, and requiring remote work when possible. However, the Order also re-opens previously closed sectors of the economy such as public pools, outdoor training, classes, and games. INDOOR AND OUTDOOR GATHERING…
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FSBR COVID-19 Update: How We Are Serving and Protecting Our Clients.
Fahey Schultz Burzych Rhodes remains open for business. These times are unprecedented, and so is our commitment to being here for our clients when you need us the most. In the beginning of COVID-19, we rapidly shifted our attorneys and staff to a work-at-home environment to ensure the safety of our team and the…
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When a resident gifts a monetary donation to a township fire department, who is responsible for approving the expenditures resulting from the donation?
Although the language of the bequest may impact the exact answer to this question, assuming that the fire department is part of the township, the township board is responsible for determining how the money should be spent. Statutes governing both charter townships and general law townships specify that expenditures need to be authorized by a…
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2020 Michigan Freedom of Information Act Legal Update: Court Imposes FOIA Disclosure Requirements on Municipal Attorney City Attorney and Important FOIA Takeaways
Recent legal developments by the Michigan courts regarding the Freedom of Information Act (FOIA) have both helped determine the scope of the statute and presented new legal challenges for public bodies. In 2020, the Michigan Supreme Court issued a decision now requiring certain municipal attorneys to be subject to FOIA disclosure requirements. The impacts of…
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Masking Up in Michigan: Governor’s New Executive Orders Impose New Face Covering Requirements and Extension of Electronic Public Hearings Among Other Provisions
From March through June, Governor Gretchen Whitmer issued “Stay-at-Home” orders, restricting those who were not classified as essential workers. With recent restrictions lifted, COVID-19 cases have been increasing. In light of these increases, Governor Whitmer issued two new Executive Orders on July 17, 2020, to combat the spread of the virus. The first, Michigan Executive…
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Executive Order 2020-143 Did Not Close All “Bars”
On July 1, 2020, Governor Whitmer: 1) issued Executive Order 2020-143, which closes certain food service establishments for indoor service that are located in regions that are in Phase 4 of the Michigan Safe Start Plan; and 2) signed House Bill 5811, which allows certain retail liquor licensees to sell alcohol to go and for…
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Is a Township required to receive sealed competitive bids before letting contracts on public works projects?
Is a Township required to receive sealed competitive bids before letting contracts on public works projects? No. The Michigan Legislature had adopted state law requiring Townships to receive sealed competitive bids for contracts of $20,000 or more. Subsequently, the Legislature repealed the relevant law. With no statutory requirement to engage in a competitive bidding process,…
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Back to Work in the COVID-19 ERA
With the Michigan Stay at Home Order being lifted and resumption of operations pursuant to Michigan Executive Order 2020-114, townships now face new challenges as they bring employees back to work. Employees may have concerns or fears about reopening plans, medical challenges, or family care obligations that will impact ability (or willingness) to return to…
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Michigan Work Share Program: Revised Rules in the COVID-19 Era
Michigan’s Work Share Program allows employers to temporarily reduce full-time employees’ hours as an alternative to layoffs and furloughs. The primary goal of the work share program is to reduce unemployment during times of economic downturn. Employers can benefit because a plan allows them to: Operate at reduced capacity and save money in wages during…
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Summary of NASAA Financial Performance Representations Commentary
The North American Securities Administrators Association Franchise Project Group (“NASAA”) recently provided guidance for state regulators and franchisors reviewing a franchisor’s historical financial performance representation (“Historical FPR”) in Item 19 of the franchise disclosure document (“FDD”) during a time in which many businesses have been impacted by the COVID-19 global pandemic. Many franchise companies have…
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Can the Treasurer of a township also hold a position of Office Manager for a separate township?
More than likely, yes, under the current law, but it should be considered carefully because it ultimately depends on the factual context of the situation, and there also will be practical reasons to consider. The statute governing these types of circumstances (whether an individual can hold positions in two different public offices) is Michigan’s Incompatible…
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I Won my Ordinance Enforcement Case … Now What???
Congratulations! You have made it through the hardest part of ordinance enforcement by obtaining a judgment. But now what? Often obtaining the judgment is not the final step in the process. Many times parties remain at a disconnect following a Court’s final order and compliance does not come voluntarily. This E-Newsletter will examine the appropriate…
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Restaurant Revival: New Executive Orders Permit the Limited Resumption of Dine-In Service, Work in Office Settings, and Retail
Today, the Governor of Michigan issued Executive Orders 2020-91 and 2020-92, establishing new standards all employers who have employees doing on-site work must follow and allowing for the limited reopening of businesses in Michigan Economic Recovery Council Reporting Regions six and eight. FSBR SUMMARY: Executive Order 2020-91 includes requirements for all employers who have employees…
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Executive Order 2020-77 Allows Manufacturing Industry to Reopen & Extends Stay Home Order
On May 8, Michigan Governor Gretchen Whitmer issued Executive Order 2020-77, extending and altering the Stay Home, Stay Safe guidelines until May 28, 2020 at 11:59 p.m. MODERATE LIFT OF RESTRICTIONS ON CERTAIN BUSINESSES: The extended stay at home order is good news for manufacturers, as manufacturing activities were added to the list of resumed…
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Township Operations Affected by Governor Whitmer’s “Stay at Home” Orders
Governor Gretchen Whitmer’s March 24 Executive Order 2020-21, mandating that individuals to “stay at home” in response to the novel coronavirus (COVID-19), has now been extended through May 15 by Executive Order 2020-59, with some activities being allowed to slowly and carefully resume. Townships’ in-person government operations are subject to this Order, just as are…
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May a Township Regulate Primary Caregiver Operations Under the Original 2008 Michigan Medical Marihuana Act?
Yes. Very recently the Michigan Supreme Court reversed lower court decisions and held that zoning ordinances are valid under the Michigan Medical Marihuana Act (MMMA). In DeRuiter v Byron Twp, the Court considered a local zoning ordinance that required primary caregivers to grow marihuana for other patients only at a full-time residence as part of…
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Executive Order 2020-60, New Requirements for Food-Selling Establishments and Pharmacies
Michigan Governor Gretchen Whitmer issued Executive Order 2020-60, establishing new guidelines for food-selling establishments and pharmacies. Effective immediately and continuing through May 22, 2020, the Governor’s Executive Order requires food-selling establishments such as restaurants to implement additional procedures to protect customer and employee health, including requiring checkout employees to wear facial coverings and disinfect their hands…
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Employer Update: New Executive Order 2020-59 Extension of Shelter in Place
Today, Michigan Governor Gretchen Whitmer issued Executive Order 2020-59, extending and altering the Stay Home, Stay Safe guidelines until May 15, 2020 at 11:59 p.m. The business community is certainly thrilled to see a mild lift of restrictions there, but the Order does not otherwise change many of the current practices for our public sector clients,…
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Employer Update: New Executive Order 2020-59 Extension of Shelter in Place
Today, Michigan Governor Gretchen Whitmer issued Executive Order 2020-59, extending and altering the Stay Home, Stay Safe guidelines until May 15, 2020 at 11:59 p.m. MODERATE LIFT OF RESTRICTIONS ON CERTAIN BUSINESSES: The extended stay at home order is good news for some businesses, as the following workers may be permitted to return to work:…
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Court Order Does Not Extend Nominating Petition Requirements for Township Officials
Nominating petitions are due to be filed by candidates for public office by tomorrow—April 21, 2020. For many candidates, federal, state, and local municipal charters require candidates to obtain a specific number of signatures on a nominating petition. Those signature requirements are designed to show enough interest in and viability of a candidate to be…
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Employer Update: New Executive Order 2020-42 and Your Operation
Today, Michigan Governor Gretchen Whitmer issued Executive Order 2020-42, extending and enhancing Stay Home, Stay Safe guidelines until April 30, 2020. We encourage you to review it carefully for yourself, but here are a few important notes for all our employer and business clients! NEW REQUIREMENTS FOR WORK SITES THAT REMAIN OPEN Workplace Plans and…
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Does a Township Need a Resolution to Impose an Unpaid Utility Bill on a Property that is Rented by a Tenant?
It depends on the type of utility service. Presumably you are referencing unpaid water and sewer services. Under certain circumstances, a Township may not place liens on properties for unpaid water and sewer services if tenants pay a property’s water and sewer bills. The Township cannot place liens on properties for unpaid water and sewer…
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Considerations for Township Public Meetings and Hearings During COVID-19 Pandemic
The novel coronavirus (COVID-19) has changed the landscape for individuals and businesses. Townships are no different. Daily practices—whether personal or professional—are disrupted due to the widespread impact of COVID-19. Government directives from the Governor of Michigan and state and federal agency guidelines are treating municipal entities differently, however, as essential local operations and activities that…
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Coping with COVID-19: Federal and State Financial Assistance
While the country copes with the evolving obstacles associated with COVID-19, small businesses should be advised of both federal and state programs providing financial assistance. Both the state of Michigan and the federal government are offering low-interest loans. Most recently, the United States Senate passed the Coronavirus Aid, Relief, and Economic Security Act (the CARES…
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COVID-19 Guide For Employers
In response to the growing threat posed by COVID-19, federal, state, and local governments have been forced to take drastic measures in the hopes of containing the virus’s effects both on public health and the economy. With ever-increasing pressure for employees, guests, and customers to stay home and practice social distancing, the strain on Michigan…
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Governor Relaxes Open Meetings Act Requirements for Public Bodies
At 4:46 p.m. March 18, 2020, the Governor issued Executive Order 2020-15, addressing numerous concerns regarding public meetings held during the spread of the novel coronavirus (COVID-19).The Governor’s Executive Order temporarily authorizes remote participation in public meetings and hearing. According to the Executive Order, rules and procedures relating to physical presence at meetings and hearings…
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Is a Township Deputy Treasurer permitted to hold a position on the Township Board of Review?
Not Likely. The Deputy Treasurer and a board or review member appear to be incompatible offices. The Incompatible Offices Act, 556 PA 1978, prohibits a public officer or employee from holding 2 or more incompatible offices at the same time. MCL 15.181(2). The Act establishes a three-part test to determine whether two positions are “incompatible.”…
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Spending Public Money for a Public Purpose: A Township’s Beginner Guide to Lawful Expenditures
Townships operate according to their annual appropriations resolution, from spending public funds to providing public services. Many of these public expenditures are clearly lawful, such as purchasing a fire truck or paying the hourly wage of township employees. Yet, there are other expenditures that arise in the normal operation of a township that routinely raise…
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2020 IFA Conference and Client Dinner
Attorneys Mark Burzych and John Forrest attended the 2020 IFA Conference in Orlando, Florida. Simply put, the IFA’s annual convention is franchising’s biggest event for business development and personal growth. It also gives us a unique opportunity to connect with our franchise clients who are in attendance. For the past several years, Fahey Schultz…
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Does a Township Clerk have to record every comment by officials and public members in the minutes?
No. The Open Meetings Act determines the necessary information for minutes. It provides the following required information: The public body meeting; The date, time and place of the meeting; The members present and members absent; All decisions made at the meeting (i.e., motions and resolutions, committee assignments, etc); The purpose or purposes for which the…
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The Present and Future Regulation of Mining Operations
The siting of mining and extraction operations, such as gravel pits, can often be the source of great controversy. Although many residents view the proliferation of these land uses as damaging to adjacent properties, mining operations are considered valuable to state infrastructure and the economy according to certain interest groups. Due to this value and…
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Can a private business request the Township’s entire electronic tax roll?
A variety of private companies now submit these requests to townships throughout the state to, in-part, aggregate data to re-sell to their private customers. These companies often suggest “easy” ways to upload the electronic information hoping a township will not charge them a fee. Township can recoup expenses associated with having electronic public records available…
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Protecting the Township’s Data from Security Risks
Townships should assess their policies and practices related to controlling Township cyberattacks and inadvertent disclosure of data. With the growth in the internet and rise in identity fraud, Townships should secure data and minimize the risk of unauthorized access or inadvertent disclosures. In this E-Letter, learn the importance of assessing Township security risks, leveraging exemptions…
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FSBR Congratulates its Newest Associate Attorneys on Their Recent Admissions to the Bar
(Pictured left to right: Chad Karsten, Kendall O'Connor, Jacob Fox) Fahey Schultz Burzych Rhodes PLC would like to congratulate its newest associates – Chad Karsten, Kendall O’Connor, and Jacob Fox on their recent admissions to the bar. Admission to the bar signifies several years’ worth of studies, as well as the successful passing of the…
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Can a zoning administrator also hold office as a township trustee?
It may be valid under current law, but for practical reasons should be carefully considered. The statute governing whether an individual can hold two public offices is Michigan’s Incompatible Offices Act. See MCL 15.181. The Incompatible Offices Act establishes a three-part test to determine whether two positions are “incompatible.” If one position: (1) subordinates another…
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2019 Review of the State Tax Commission Bulletins
The Michigan State Tax Commission (“STC”) is authorized to provide advise to municipal assessors. Each year the STC provides guidance through bulletins. In 2019, the STC released several bulletins that highlight procedural changes for assessors and county equalization directors (Bulletin 14) and the inflation rate modifier used in the assessing processing (Bulletin 15). STC Bulletins The…
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Does the Township have to submit its ordinance to the Marihuana Regulatory Agency to prohibit or allow adult-use marihuana establishments?
No. The Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, provides township the ability to completely prohibit or limit the number of marihuana establishments within their boundaries. Townships may also adopt other ordinances consistent with the Act. The Act, however, does not require that such ordinance (whether prohibiting this use or…
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Common Public Road Issues
Public roads present unique challenges to townships and not just for basic transportation. This E-letter will address the historical development and regulation of roads, the different ways a road may be created (or vacated), and the current funding mechanisms for constructing, improving or repairing roads. Although the responsibility for various aspects of public roads is…
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Join FSBR at the Michigan Restaurant & Lodging Show
We are excited to announce that we will be attending the Michigan Restaurant & Lodging Show on Tuesday, October 15th -Wednesday, October 16th, at the Suburban Collection Showplace in Novi. The Show is where the diverse and dynamic hospitality industry joins together to meet, learn and collaborate to grow their businesses and become more profitable….
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Would improvements to a park for landscaping that exceed $15,000.00 require a licensed architect or licensed professional engineer for plan preparation and direct supervision during construction?
Maybe. MCL 339.2011 governs the construction of public works and imposes the requirement for certain projects to require a licensed engineer or architect to oversee the project: “(1) Except as otherwise provided in subsection (2), the state or a county, city, township, village, school district, or other political subdivision of this state shall not engage…
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Managing Social Media in the Workplace and Change in Overtime Rules for 2019
Where employees used to huddle around the breakroom watercooler, they now huddle around their smartphones. Recent studies report that 69% of U.S. adults use at least one social media site, a staggering 88% of adults under 30 years old use social media in some form, and 77% of employees reported using social media on the…
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Join FSBR at MTA On The Road!
Fahey Schultz Burzych Rhodes is an Allied Service Provider with the Michigan Townships Association and participates in many seminars, conferences and events held by the MTA. This October, FSBR will be joining MTA’s On The Road regional meeting series as an exhibitor in its Vendor Showcase. This is an exclusive networking opportunity for township officials…
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Can an Unmarried Spouse Sell a Home and Receive Veteran’s Exemption??
Q&A Video Clips If a surviving spouse sells their home to buy another one in Michigan, will the unmarried spouse be allowed the veteran’s exemption? Chris Patterson relates the letter of the law and the perspective of the overseeing agencies involved, as well as recent changes and decisions regarding veteran’s exemptions. At the MTA 2019…
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Eight Fahey Schultz Burzych Rhodes Attorneys Recognized as 2019 Super Lawyers and Rising Stars
Fahey Schultz Burzych Rhodes PLC is pleased to announce that eight of its lawyers have been named 2019 Michigan Super Lawyers and Michigan Rising Stars. Only 5 percent of Michigan attorneys are recognized as Super Lawyers and only 2.5 percent are named Rising Stars. These designations are granted to attorneys who demonstrate the highest levels of…
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May a Township establish a set of rules for public comment?
Yes. The Michigan Open Meetings Act provides in MCL 15.263(5) that a person shall be permitted to address a public body “under rules established and recorded by the public body.” Significantly, the rules must be “established” and “recorded” by the public body. It is recommended that Townships adopt their public comment rules through official action,…
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Township Law Legal Update: Recent Decisions Impacting Zoning and Planning (Part II)
Further exploring the topic of recent zoning and planning decisions discussed in our June 2019 E-Letter (available here), the Michigan Court of Appeals issued other decisions that Townships should read. This month’s E-letter further explores additional court decisions from both the Michigan Supreme Court and Michigan Court of Appeals that impact final decisions of the…
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5 Fahey Schultz Burzych Rhodes PLC Lawyers Recognized in 2020 Best Lawyers® List
Fahey Schultz Burzych Rhodes PLC is pleased to announce that 5 of its lawyers have been selected for inclusion in the 2020 Edition of The Best Lawyers in America©, one of the oldest and most respected peer-review publications in the legal profession. To be be eligible for this distinction, lawyers must first be nominated. Next, they are reviewed by their peers on…
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What’s the advantage in changing from a township to a village?
Q&A Video Clips Why are villages permitted to be agencies under Act 51? What other differences are there between township and village governments? Attorney William Fahey answers these questions. At the MTA 2019 Conference, our attorney’s hosted our annual Question and Answer panel to address the questions you submitted. Our panel included Bill Fahey, Kyle…
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What happens if we do nothing about recreational marijuana?
Q&A Video Clips What happens if my Township has not made a decision about allowing recreational marijuana? Attorney Matthew Kuschel breaks down the language surrounding the medical and recreational marijauna laws in Michigan. At the MTA 2019 Conference, our attorney’s hosted our annual Question and Answer panel to address the questions you submitted. Our panel…
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Does a Township have to contact the State after it has authorized or prohibited commercial medical marihuana facilities?
Yes, if the township has authorized commercial medical marihuana facilities. Section 205 of the Michigan Medical Marihuana Facilities Licensing Act (“MMFLA”) authorizes townships to adopt an ordinance that allows 1 or more types of marihuana facilities and to limit the number of such facilities. Section 205 further provides that a township that does so “shall”…
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The Rules Every Township Should Know About Recreational Marihuana Establishments
In 2018, Michigan voters approved the Michigan Regulation and Taxation of Marihuana Act (“MRTMA”), which became effective December 6, 2018. Since the enactment of the MRTMA, the Marihuana Regulatory Agency (“MRA”) has been directed to establish rules for the upcoming deadline when applicants can first apply for licensure to operate adult use (“recreational use”) marihuana…
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If an elected official is resigning before the term has ended, is the township required to post the vacancy?
No. There are no general posting requirements for vacancies created by the resignation of township elected officials under the Michigan Election Law Act (“Act”) and Michigan case law. Municipalities may, however, adopt their own posting requirements under their governing documents or policies and procedures. Though the Act does not contain a general posting requirement, it…
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Township Law Legal Update: Recent Zoning and Planning Decisions
In the last year, the Michigan Court of Appeals has already issued multiple decisions that impact planning and zoning within townships. These issues come before the appellate courts quite regularly as zoning decisions that result in a denial can cause the aggrieved party to file suit. The decisions that result from such litigation may require…
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Can current township employees (including township zoning administrators) serve on a planning commission for the township they work for?
No. The Michigan Planning Enabling Act, Act 33 of 2008, MCL 125.3801 et seq. allows municipalities to create planning commissions. Among other things, planning commissions make zoning decisions and help prepare master plans. Section 15 of the Planning Enabling Act prohibits township employees from working for a township and serving on its planning commission. MCL…
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Lead and Copper Rule Changes–Impact on Townships
Effective June 14, 2018 the State issued new lead and copper rules for water supplied to the public. The new rules will phase in new lead action levels, redefine what constitutes a “service line” and a “lead service line,” mandate new reporting, sampling, and line replacement requirements, as well as create water system advisory councils…
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Are Citizen Referendum Rights and Initiative Rights a Problem for Townships?
Township officials are elected to township boards every four years. Townships are operated and governed by township boards, which are structured to be responsive to the residents of the township. Often, township boards are required to take certain actions that are necessary to preserve the health, safety and welfare of township residents. The residents, however,…
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Does federal law impact whether local government officials must coordinate with federal immigration officers concerning the immigration status of individuals?
Given the current national debate, does federal law impact whether local government officials must coordinate with federal immigration officers concerning the immigration status of individuals? Maybe. Federal law does not clearly mandate that local government and officials must coordinate with federal immigration officers. But federal law does not allow a local government or official to…
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Can a county commissioner from a charter township also hold a seat on an ordinance writing committee for general law townships?
You have asked whether a county commissioner from a charter township may also hold a seat on an ordinance writing committee for general law townships. The Incompatible Public Offices Act (the “Act”) prohibits a public officer from holding two or more incompatible offices at the same time. Under the Act, two public offices are incompatible…
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Assessing Reform Under New Michigan Law — PA 660 of 2018
For years, the State Tax Commission (STC) used a “14-point review” evaluation process to enforce statutes, administrative rules, and court decisions on the local townships, counties, and cities. A common complaint about the 14-point review was that the state standards were not clear, making compliance difficult. The 14-point review was replaced with the Audit of…
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Mandatory Paid Medical Leave
Michigan’s Paid Medical Leave Act (the “PMLA”) establishes eligible employees’ rights to accrue and use paid leave for personal and family medical needs. The Michigan Legislature enacted the PMLA to amend and (in part) replace prior initiated legislation on the same topic. Not all employers are subject to the Act’s paid medical leave requirements; and,…
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Does a township have to pass a millage to help assist a county road commission?
No. There is no statutory obligation for a township to adopt a millage to assist a county road commission in construction, maintenance, or improvement of a road. A township would only be under an obligation to pay for such costs if a contract existed between the parties. See Public Act 51 of 1951; Michigan Attorney…
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New and Improved Paid Medical Leave: Rules to Live and Work By
Michigan’s Paid Medical Leave Act (the “PMLA”) establishes eligible employees’ rights to accrue and use paid leave for personal and family medical needs. The Michigan Legislature enacted the PMLA to amend and (in part) replace the prior legislation on the same topic: the Earned Sick Time Act, which we discussed in our October E-Letter in…
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The township has an individual that serves on the Planning Commission and on the Zoning Board of Appeals. Can the individual vote on both boards on the same issue?
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…
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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…
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Goodbye “Emily!”: A Review of 2018 Lame Duck Laws Affecting Townships
As 2018 came to a close, the Legislature rapidly passed a number of new laws, many of which impacted Michigan’s many townships. These laws addressed issues ranging from anonymous FOIA requests from requestors like “Emily,” to fireworks regulations, assessing, and even drones! This E-Letter is designed to update you on these changes, so you can…
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Does a Deputy Clerk have to be a Resident of the Township?
Elected officials must be residents of the township in which they are seeking office. MCL 168.342 provides that “[a] person is not eligible to a township office unless the person is a registered and qualified elector of the township in which election is sought by the filing deadline.” But, there is no statutory authority that…
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Townships Got Run Over By Wireless Providers: Small Cell Towers Are Coming to Townships
During the 2018 lame duck session, many bills were introduced, and some passed, attacking the authority of local government. Senate Bill 637 was one of those bills that did pass and was signed by Governor Snyder. It may have the greatest impact on all townships in 2019 as it opens miles of township rights-of-way with…
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Can a Township be reimbursed for the costs of producing documents in response to a subpoena?
The answer depends on whether the township is involved in litigation that is the basis of the subpoena. If the township is a party to the litigation (i.e., a plaintiff or a defendant), the township must bear the costs in assembling the documents responsive to the subpoena and the requesting party will bear the copying…
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Permissible Local Regulation of Recreational Marihuana in Michigan
Initiated Law 1 of 2018, the Michigan Regulation and Taxation of Marihuana Act (“MRTMA”) legalizes the cultivation, possession, and use of marihuana by adults over the age of 21. Essentially, recreational use of marihuana is legalized under state law. Michigan is the first state in the Midwest to legalize recreational use. Unfortunately, the language in…
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How long after someone receives a special use permit do they have before that have to commence work under the permit?
The Michigan Zoning Enabling Act, MCL § 125.302(1), allows a legislative body to provide for special land uses in a zoning ordinance. The township’s zoning ordinance is required to specify the requirements and standards for approval of a special use permit. Additionally, the township may approve the special use permit with conditions, such as a…
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Mandatory Sick Leave: The Future!
The Michigan Legislature adopted a proposed ballot measure, Michigan’s Earned Sick Time Act (the “Act”), as law on September 5, 2018. Under the Act, employers big and small, public and private are required to provide employees with paid and unpaid sick leave. Townships that already offer sick (or other) leave would be wise to review…
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What are the requirements of placing an extra-voted millage on the ballot?
Townships requesting to levy taxes over the statutory authorized millage amounts must have the electors vote to approve such millage. This includes any additional millage for general operating or a specific purpose, such as fire departments, police departments, park or roads. The electors of the Township approve the millage at an election. Before the electors…
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Open Meetings Act Legal Update
The Open Meetings Act (“OMA”) allows townships to enter closed sessions based on exemptions provided in OMA. Recent Court of Appeals decisions make clear that townships must specifically state the legal exemption for entering closed session. Townships often learn information or receive recommendations during such closed sessions, which involves voting on that information after leaving…
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Limits of Medical Marihuana Regulation and Legalization of Recreational Marihuana
Two recent cases from the Michigan Court of Appeals dramatically undercut many municipalities’ use of zoning power to require permits or fees and control the location of caregivers and qualifying patients under the 2008 Michigan Medical Marihuana Act (“MMMA”). The limitations of these powers is in the wake of a potential shift towards legalization of…
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Is it possible to write a non-zoning ordinance for wind turbines with setbacks from the property line that would holdup if challenged?
Yes. MCL 41.181 and MC 42.15 allow a township to adopt non-zoning ordinances (often referred to as police power ordinances) to regulate as may be deemed necessary to provide for the public health and safety of the property owners and residents within a township. Using a non-zoning ordinance is especially common for those townships interested…
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How long after someone receives a special use permit do they have to commence work or use the permit?
The Michigan Zoning Enabling Act, MCL § 125.302(1), allows a legislative body to provide for special land uses in a zoning ordinance. The township’s zoning ordinance is required to specify the requirements and standards for approval of a special use permit. Additionally, the township may approve the special use permit with conditions, such as a…
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Townships With Websites Should Evaluate for ADA Compliance
Townships have been increasing information accessibility by providing information online through websites and social media platforms, including Facebook, Twitter, Instagram, Pinterest, LinkedIn, and YouTube. In 2015, the Legislature amended the Freedom of Information Act to account for the application of technology in government transparency. The added efficiency and outreach achieved with forms of online media…
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Ins and Outs of Collective Bargaining Part II
In last month’s E-letter, we tacked the preparatory steps township bargaining teams should consider and undertake before collective bargaining actually begins (Steps 1 and 2). This month, we discuss some basic rules of that bargaining process. STEP THREE: BARGAINING Townships should keep in mind four rules through the bargaining process. Rule #1 – Bargain in…
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When an alley is formally vacated from a plat, do the property lines, and thus related setbacks, change for the properties adjacent to the vacated alley?
An owner of property abutting a street, alley, or other public right-of-way has a reversionary interest to the center of the street or alley. 2000 Baum Family Trust v Babel, 488 Mich 136, 152 (2010). When a street or alley is vacated, it reverts to the abutting owner or owners. Id. at 155; MCL 560.227a. An…
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Do you have to be a resident of the township to serve as the zoning administrator or code enforcement officer?
No. Township elected offices must be occupied by registered and qualified electors of the township in order to be eligible for that township office. MCL 168.342; see also MCL 168.368. This necessarily means that the individual must have been a resident of the Township for at least 30 days. Residency within the township must be…
