No. Currently, no such law exists. Even FOIA requests that a township believes is being submitted for the purposes of harassment must be answered according to that law. MCL 15.232(e) defines the term “public record” as used within the FOIA, dividing it into two categories. The first category of public records are “[t]hose that are…
Does a township have any legal right to restrict a person from making excessive requests under the Michigan Freedom of Information Act (“FOIA”)?
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Can township trustees eliminate public comment on specific issues during board meetings?
Generally, a township does not have the authority to limit the subjects that may be addressed during public comment. In certain narrow circumstances, however, a township does have the authority to restrict what is said during public comment. The Michigan Opening Meetings Act (OMA), MCL 15.261 et. seq., governs how a township is to conduct…
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Can a property owner claim a principal residence tax exemption on his or her home while living in an assisted living facility?
Yes. In accordance with the General Property Tax Act (GPTA), “an owner of property who previously occupied that property as his or her principal residence but now resides in a nursing home or assisted living facility may retain an exemption on that property if the owner manifests an intent to return to that property by…
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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,…
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FREE NEWLY-ELECTED OFFICIALS WORKSHOP
Fahey Schultz Burzych Rhodes PLC is offering a free township law workshop for newly-elected officials! In one afternoon, our township law attorneys will cover key topics of township governance that will assist any newly-elected township official. These topics include: Managing Township Meetings and Information Township Employment Law Basics Zoning and Land Use Ordinance Adoption and Enforcement…
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Can the Township Board remove the Zoning Board of Appeals' authority to grant use variances?
Yes. The Zoning Board of Appeals (ZBA) is a body described in the Michigan Zoning Enabling Act. The ZBA’s powers are described in the Zoning Act and the Township’s ordinance. MCL 125.3601(1). The ZBA is empowered by statute with the “authority to grant nonuse variances.” MCL 125.3604(8). Use variances, however, can only be granted by…
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Is there a prohibition on Township officers being members of the same family?
Generally, no. There is no state law that prohibits family members from being officers of the township. Similarly, there is no state law that prohibits family members from being employees of the township. A township, however, may have adopted an anti-nepotism provision to maintain a certain public perception and maintain a good working environment (and…
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Have there been any recent state or federal legislative developments in the area of franchising?
Yes, after several years of consideration, Congress has enacted the Defend Trade Secrets Act (“DTSA”). This is the first federal law designed to protect a company’s trade secrets. A trade secret is another type of intellectual property, such as patents, trademarks, and copyrights. A trade secret consists of information and can include a formula, pattern,…
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May a Township Board Member be subject to criminal or civil liability for disclosing to members of the public information discussed and disclosed in a closed session?
Likely Yes. This issue has not been directly presented to the Michigan Court of Appeals or Supreme Court. But in 2000, the Michigan Attorney General opined that an individual board member could be held criminally or civilly liable for disclosing closed meeting deliberations. OAG No 7,061 (August 31, 2000). The Attorney General was presented exactly…
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Can a member of the Zoning Board of Appeals or the Planning Commission also work for the Township as a grounds keeper or employee working at a transfer station?
No. The answer is based on prohibitions in the Michigan Zoning Enabling Act and the Michigan Planning Enabling Act regarding this situation. In other instances, elected or appointed positions must be reviewed to determine whether they are incompatible offices under MCL 15.181 et seq, and thus, the holding of both offices would be prohibited, subject…
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What are some of the hot topics in franchising?
Having just completed the renewals for our franchise clients, we spent a lot of time talking with clients about the “joint employer” issue percolating through the National Labor Relations Board. Most of the revisions to franchise documents this year dealt with the issue of joint employer liability. For review, the NLRB is currently processing some…
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Can A Township Board Member’s Salary Be Reduced During That Official’s Term?
No. The Township Board does not have this authority in a general law township unless two conditions are met. MCL 41.95(2) states that “the salary of an elected township official . . . shall not be decreased during the official’s term unless the responsibilities and requirements of that office are diminished and the official consents…
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Schultz is Employment Law-Management Lawyer of the Year
A member of the Okemos-based law firm of Fahey Schultz Burzych Rhodes PLC, has been selected as “Lawyer of the Year” by his peers for inclusion in the 21st Edition of The Best Lawyers in America, which is published by U.S. News annually. Stephen O. Schultz has been named the Best Lawyers’ 2016 Lansing metropolitan…
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Creative Solutions for Our Clients
At Fahey Schultz Burzych Rhodes PLC, we constantly challenge ourselves to think “outside the box” in order to achieve the goals of our clients. This was demonstrated recently by an FSBR attorney assisting a senior living facility facing potential foreclosure. Due to an unclear and cumbersome process in applying for a senior living facility property…
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Bower Presents at Advanced Legal Institute
Attorney Ross Bower of Fahey Schultz Burzych Rhodes PLC recently spoke at the Michigan Association of Municipal Attorneys’ 30th Annual Advanced Institute. The title of their presentation was “Property Tax: Current Issues, Legislation Updates, and Litigation Strategies.” The session, held at the Lansing Center in March, 2016, addressed tax appeal tips and a general overview…
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How much flexibility should I give franchisees in my franchise system to “do their own thing?”
That is such a great question! Franchising is a model of system growth that uses independent businesses and independent capital to grow. To the consuming public, a significant benefit of franchising is that consumers know exactly what to expect from that brand and, in most cases, the customers do not know the difference between the…
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Who is responsible for sidewalks within an unincorporated village in the township?
The township has jurisdiction over sidewalks within township boundaries, regardless of the existence of the unincorporated village. “A municipal corporation in which a sidewalk is installed . . . shall maintain the sidewalk in reasonable repair.” MCL 691.1402a. A municipal corporation may be a city, village, or township. MCL 691.1401(d). Therefore, an unincorporated village does…
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When must a township “official” that intends on moving to another township resign his or her position?
The term “official” can be used to represent at least two classes of individuals who serve a township: (1) elected officials and (2) other officials. Elected officials serving on a township board are subject to residency requirements. Only qualified electors of the township are eligible to be elected to the township board. MCL 168.342(1). To…
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Fahey is Municipal “Lawyer of the Year”
A member of Okemos-based law firm, Fahey Schultz Burzych Rhodes PLC, has been selected as “Lawyer of the Year” by peers for inclusion in the 21st Edition of The Best Lawyers in America, which is annually published by U.S. News & World Report. William K. Fahey has been named the Best Lawyers’ 2016 Lansing metropolitan…
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Why are township officers selected from a partisan process?
Whether an election is partisan or non-partisan is a function of statutory law . The primary statutory source in Michigan for elections is the Michigan Election Law, MCL 168.1, et seq. This body of law sets forth the provisions that govern local elections, including the nomination and election of candidates for local offices (i.e., township…
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Election Law Restricting Municipalities On Local Ballot Questions Enjoined
Earlier today, United States District Judge John Corbett O’Meara issued an order temporarily enjoining the State from enforcing § 57(3) of the Michigan Campaign Finance Act, MCL 169.257(3). This was the recent law that prevented townships and other public bodies from communicating regarding local ballot questions during the period 60 days before an election. The…
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Fahey Schultz Burzych Rhodes PLC Elects New Officers
The Members of Fahey Schultz Burzych Rhodes PLC, a leading boutique mid-Michigan law firm, have elected Mark J. Burzych as President and Ross K. Bower as Vice-President of the law firm. Stephen O. Schultz, who served as President since co-founding the firm in 2008, has passed the torch so he can focus on a few…
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Is the Township Treasurer required to sign checks for Township Board approved bills without seeing any documents that substantiate the bills?
No. Although the Township Treasurer is required to sign all checks, concluding that the Treasurer must do so without proper supporting documentation erodes the internal check and balance that the Treasurer has on the Clerk. Even if the Board has approved payment, and may have done so without supporting information, the Treasurer has the ability…
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Mark Burzych to Speak at Craft Beverage Workshop
Come learn with Mark Burzych, our experienced business attorney, who will be speaking at the Craft Beverage Entrepreneur’s Workshop. The Workshop will be held on February 12, 2016, at the Grand Rapids Doubletree Airport in Grand Rapids, Michigan, and is geared toward helping new craft beverage businesses navigate the early stages of establishment. Mark will…
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Can a Township Supervisor unilaterally remove or replace members of the Township Planning Commission?
No. The Supervisor does not have this authority. MCL 125.3815(9) states that “the legislative body may remove a member of the planning commission . . . .” The Township Supervisor is not the “legislative body.” Rather, MCL 125.3803(e) defines the Township Board as the legislative body of the township. As such, only the Township Board…
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What is the effect of the recent legislation on the joint employer issue?
In the wake of the National Labor Relations Board’s (“NLRB”) focus on classifying franchisors to be the joint employer with its franchisees of the franchisee’s employees, several state legislatures are attempting to address how franchisors are affected. Recall that in August, the NLRB issued controversial Browning-Ferris ruling that reversed a line of decisions stretching back…
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As our restaurant heads into the Holiday Season, are there any issues we should be concerned about?
Yes, and unfortunately, some of your worries concern the government’s oversight of your business. First, be aware that the Holiday Season is a prime time for the Michigan Liquor Control Commission and local law enforcement departments to conduct “sting” operations, using underage decoys to ensure your compliance with the Liquor Control Law. To that end,…
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What are the qualifications to become a fire chief and can a union member be a fire chief?
First, the township sets the qualifications for its fire chief. Certainly there are standards of certification of the individual as a fire fighter, but when it comes to expectations of management of the fire department, each township has its own view of the best practice. Townships may consider leadership experience in the department, interpersonal communication…
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Michigan Charter Boat Association Honors Stephen Schultz
On October 17, 2015, the Michigan Charter Boat Association presented Okemos attorney, Stephen Schultz, its annual award for service to the sport fishing and charter boat industry in Michigan. The Charles Pistis award, presented annually since 1984 at the Association’s state conference, is given to honor chosen individuals “for their assistance, support and contribution to…
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Do fire board members violate the Open Meetings Act by continuing to discuss how and what they should do after the public meeting has been adjourned?
The Michigan Open Meetings Act requires that all “deliberations” of a public body constituting a quorum of its members take place in a public meeting and that all “decisions” of the public body must take place in an open meeting. There are limited exceptions, such as a social or chance gathering or conference. The Michigan Court…
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Is there anything new at the National Labor Relations Board on the joint employer issue?
Yes. On August 27, 2015, the NLRB issued a highly anticipated decision related to the application of its joint-employer standard (the “Standard”) in the Browning-Ferris case you have probably heard about. At issue in Browning-Ferris (“BFI”), was whether BFI – the putative employer – was a joint employer of Leadpoint employees under the National Labor…
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Does a farmer constructing a pole barn for livestock have to receive a zoning compliance permit from the township?
The answer depends on the farming operation and the structure proposed. Many townships or counties are involved in issuance of a building permit to ensure that new structures meet the State Construction Code Act. This ensures that the structure is properly built. The Act provides an exemption to a building erected solely for agricultural purposes….
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If the township has currently hired its building official as an independent contract, does the township need to now hire its building official as an employee?
In light of the recent State of Michigan Attorney General Opinion No. 7285, many townships have asked whether a building official must be hired as an employee. The answer is not a simple yes or no. Michigan Attorney General Opinions are only persuasive authority in court, not binding. So if a township is challenged in…
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National Labor Relations Board (NLRB) Updates?
Question: Have there been any updates from the National Labor Relations Board on franchising issues? Answer: Yes. As you know, the NLRB and its treatment of the franchise relationship has been in the news lately, particularly in relation to the franchisor-franchisee relationship being a joint employer relationship, meaning that the franchisor could be liable for…
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Franchising’s Top 10 Questions: Is Your Restaurant Ready to Franchise?
If you run a successful restaurant, have a snappy logo, possess high brand recognition, serve great food, train your staff to provide exemplary service, and have a concept that is unique, you have undoubtedly had customers inquire about purchasing a franchise from you. Franchising is a way to use other people’s (your franchisees’) capital to expand…
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Understanding the Law: Buyers Beware of the Department of Treasury
That new liquor license may come with something you didn’t expect: The previous owner’s tax burden. According to published reports, the story goes like this: A purchaser of a liquor license (specially designated distributor or SDD license selling beer, wine and liquor for consumption off the premises) purchased a liquor license that was being held…
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Vive La Difference? Selective Enforcement of Franchise Agreement Terms and System Standards
Franchisors typically employ standard contract terms and conditions to establish the nature of their relationships with franchisees. Although franchisors also draft complex operations manuals to ensure conformity in appearance and operation of franchised establishments, they do not always enforce the requirements of their franchise agreements and operations manual strictly and uniformly against all franchisees. When…
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How does the Township Treasurer collect personal property tax from a business in bankruptcy?
A bankruptcy proceeding occurs when an insolvent business (or individual) files a petition, which starts the bankruptcy proceeding. On the date the petition is filed, debts owed by the business are classified as pre-petition debts and post-petition debts. If personal property taxes were due before the filing, that is a pre-petition debt and should be…
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Property Tax Legal Update
This edition of the E-Letter provides you with an update on developments in the area of property tax law. As you will see, there have been recent decisions of the Michigan Supreme Court and Court of Appeals covering a variety of property tax matters. We hope that this information will help you in any current…
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Under the recent amendments to the Michigan Freedom of Information Act (FOIA), now effective July 1, 2015, does the township have to create a website to post meeting notices?
No. The website-related requirements under FOIA only apply if the township actually has an official internet presence. But, a township that “directly or indirectly administers or maintains an official internet presence…” must satisfy the website-posting requirements. This includes the requirement to post online the township’s procedures and guidelines for FOIA requests. Further, any record available…
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Client Congratulations!
The franchise lawyers at Fahey Schultz Burzych Rhodes PLC would like to congratulate our client and friend, Bridgett Tubbs-Carlon, a recent award recipient of EY’s Entrepreneur of the Year. On June 11, 2015, she was awarded the 2015 Entrepreneur of the Year award in the Michigan and Northwest Ohio region for her role as founder…
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I think I want to “protect” my name. What should I do?
Question: I have been using my business’ name for 3 years. I think I want to “protect” my name. What should I do? Answer: Your business’ name is a trademark. A trademark is a word, slogan, logo, or other indicia of the source of the goods or services. A trademark used in commerce informs the…
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Do the amendments to the Michigan Freedom of Information Act (FOIA) allow verbal requests of documents?
Generally, FOIA requires that a request of “public records” be in “writing.” A “writing”, as defined by FOIA, does not include a verbal request. The amendments to FOIA, however, do address verbal requests and place a minimal onerous on township employees to respond. If a verbal request is made, the township employee must inform the…
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DTE Energy Retiree Joins Fahey Schultz Burzych Rhodes PLC
Bruce R. Maters has joined the Okemos, Michigan law firm, Fahey Schultz Burzych Rhodes PLC, focusing on public utility regulatory and energy law as well as environmental law. After over thirty years with the state’s largest public utility company, DTE Energy, Bruce has joined the firm’s Public Utilities and Energy Practice Group, where he will…
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I often am confused as to when the Township Board should act through a resolution or through an ordinance. Specifically, can a Township Board change an ordinance by adopting a resolution?
The confusion is understandable as the township board is often addressing resolutions and ordinances in the same meeting. For instance, the township board passes an ordinance adopting the municipal civil infraction system, but adopts a resolution setting the schedule of fees for the issuance of citations under that ordinance. Why? The principle guiding whether to…
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Can the township reject applicants who did not, or will not, disclose disabilities, religious practices or pregnancy that may interfere with their ability to do their job?
Applicants are not legally required to share this type of information with the employer before being hired. The township may not discriminate against a job applicant—or employee—because of his or her race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Those are called “protected classes” in employment law—and…
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Cooley Law School Professor Joins Fahey Schultz Burzych Rhodes PLC
John S. Brennan has joined the Okemos, Michigan law firm, Fahey Schultz Burzych Rhodes PLC as a litigation professional focusing on civil litigation handled by the firm’s growing business and municipal practices. He becomes the 12th attorney at the law firm, which now serves more than 150 municipalities, drain commissioners, libraries and public authorities, as…
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Selecting a franchise consultant and a franchise lawyer
Question: I think I want to franchise my business, but I need some help. How would I select a franchise consultant and a franchise lawyer? Answer: First, understand that franchising is a business growth strategy and foremost, a business relationship. Not all franchise agreements and structures are the same, nor should they be, given this…
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Franchised Business Congratulations!
The franchise lawyers at Fahey Schultz Burzych Rhodes PLC would like to congratulate our client and friend, Bridgett Tubbs-Carlon, for being recognized for the success of her franchised business, Gilden Woods. Tubbs-Carlon was featured in the March 2015 Grand Rapids Business Journal’s Top Women Owned Businesses edition as well as the March 2015 publication of West…
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If a township adopts a new zoning ordinance or amends its current zoning ordinance, how does that create a nonconforming use?
If a township adopts a new zoning ordinance or amends its current zoning ordinance, how does that create a nonconforming use? Legally existing uses of land prior to a new or amended zoning ordinance that are not in compliance are considered to be nonconforming uses. A nonconforming use is a vested right in the use…
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How do you see the decisions of the Tax Tribunal, Court of Appeals and Supreme Court of Michigan affecting not only the income of the townships but the state’s tax base going forward?
Any decision of the Tax Tribunal, Court of Appeals or Supreme Court adjusting values on a township’s tax roll will impact the township as well as the other taxing entities, including the state (State Education Tax). In larger cases like the “big box” appeals, potential lost revenue from large, multi-million dollar reductions in taxable value…
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FSBR Attorneys Present at MTA’s 2015 Annual Educational Conference
Come meet our township attorneys as they discuss hot topics during the educational sessions for township officials at the MTA’s Annual Educational Conference & Expo. The conference will be held January 27-30, 2015 at the DeVos Place in Grand Rapids. Our township attorneys will be speaking on the following topics. Click on each attorney’s name to…
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The National Labor Relations Board and Franchisors/Franchisees
Question: I understand that the National Labor Relations Board (“NLRB”) is taking some action against franchisors and franchisees, arguing that franchisors and franchisees are jointly liable for employment practices of the franchisees. Is there an update? Answer: Yes. The franchise industry is under attack by the NLRB. On December 19, 2014, the NLRB Office of…
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In October, you addressed 10 common myths of the Freedom of Information Act. How will the recent amendments to FOIA impact my township?
The good news is that the advice provided in the October E-Letter is not altered by the recent legislative amendments. You can read those 10 common myths here. The recent legislative amendments, however, primarily impact townships with respect to recovering costs for responding to FOIA requests, increased fines for failing to follow FOIA, and requirements…
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Is a township subject to any penalty or sanction if it fails to comply with the Public Act 152 of 2011, but does not receive Economic Vitality Incentive Program (EVIP) payments?
Act 152 of 2011 expressly limits public employer payments of annual healthcare premium costs for its employees. The Act strictly limits the amount townships may contribute to total annual health care premiums, based either on a “hard cap” or what’s known as the “80/20” plan. Townships, however, may choose to exempt themselves from the Act’s…
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McDonald’s and the National Labor Relations Board
Question: I am hearing a lot of talk about the McDonald’s case at the National Labor Relations Board. What is going on and should I be worried? Answer: On July 29, 2014, the National Labor Relations Board (NLRB) general counsel announced that he is authorizing complaints in 43 unfair labor practice cases which allege that…
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Can township trustees attend township meetings by phone or teleconference?
Yes. Although the Attorney General ruled in 1977 that telephone conferences could not meet Open Meetings Act requirements, the Court of Appeals disagreed in a later case. In Goode v Dept of Soc Services, 143 Mich App 756, 759-60; 373 NW2d 210 (1985), the Court said: “We find no problem with the holding of hearings…
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Burzych is “Lawyer of the Year”
A member of the Okemos-based law firm of Fahey Schultz Burzych Rhodes PLC, has been selected as “Lawyer of the Year” by peers for inclusion in the 21st Edition of The Best Lawyers in America, which is published by U.S. News annually. Mark J. Burzych has been named the Best Lawyers’ 2015 Lansing metropolitan area…
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A competitor is using my name and trademark in a domain name, is there anything I can do?
Question: I noticed that a competitor is using my name and trademark in a domain name on the internet. Is there anything I can do? Answer: The Internet Corporation for Assigned Names and Numbers (ICANN) has a Uniform Domain Name Dispute Resolution Policy (UDRP). The UDRP sets forth a dispute resolution policy that allows you…
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Prospect questions regarding franchising a brand, what should I tell them?
Question: Recently, I have been discussing with some prospects about franchising my brand. They want to know how much they can make operating one of my restaurants. What should I tell them? Answer: It makes sense that a prospective franchisee would want to first know how much they can make operating your franchise. However, remember…
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Are there any new developments in franchise sale regulation?
Question: Are there any new developments in franchise sale regulation? Answer: There is something we are watching that will change the way franchisors draft their Franchise Disclosure Documents (FDD). In October 2013, The North American Securities Administrators Association (loosely, the association of state regulator) issued a Proposed Multi-Unit Commentary to change the way that franchisors…
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Annual updating process for FDD’s
Question: Will you please explain the annual updating process for my Franchise Disclosure Document? Answer: This is the time of the year when all franchisor Franchise Disclosure Documents need to be updated. The Federal Trade Commission’s Franchise Rule requires that all franchisors update their FDDs within 120 days of their fiscal year end. However, some states…
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Concerns with the sale of gift cards?
Question: With the holiday season approaching, what do I need to be concerned about with the sale of gift cards? Answer: According to the National Restaurant Association, the size of the restaurant gift card industry is fast approaching $5 billion per year. Despite the fact that gift cards have become increasingly popular, restaurant owners engaged…
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How do I begin the process of franchising?
Question: I just opened my second restaurant and in the first 2 weeks I’ve been open, more than 20 customers have asked whether they can buy a franchise! What do I need to do to get the ball rolling? Answer: You’re in luck! On October 15, 2013 at the MRA Restaurant Show in Novi, Michigan, I…
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Michael Cole Joins FSBR
Fahey Schultz Burzych Rhodes PLC welcomes Michael J. Cole to the law firm to join the firm’s business practice, trained in franchising, intellectual property, liquor licensing, and general business law. He becomes the 10th attorney at the Okemos law firm, which opened in 2008 and now serves a growing number of franchising and other businesses,…
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Bath Charter Township retains FSBR
The Bath Charter Township Board has voted unanimously to hire the Okemos law firm of Fahey Schultz Burzych Rhodes to serve as the Township’s legal counsel. The vote occurred at the Board’s July 15 regular meeting following its review of proposals from four area law firms. Bath Charter Township provides a wide range of public services to…
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Can I choose to franchise only in Michigan?
Question: I want to franchise my restaurant, but only in Michigan. Can I do that? Answer: Yes, but you have to be very careful. As we have discussed in previous columns, the offer and sale of franchises is regulated by the Federal Trade Commission and 15 various states, including the state of Michigan. In order for you…
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Is my restaurant design protectable under the law?
Question: The theme of this Restaurateur is “Restaurant Design.” Is my restaurant design protectable under the law? Answer: Generally, yes, under numerous theories, two of which I discuss here. First, you may be able to protect the architectural design of your restaurant, if you own the design drawings. In 1990, Congress enacted the Architectural Works Copyright Protection…
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NACUFS Retains FSBR
The National Association of College & University Foods Services has retained FSBR to serve as the Association’s Legal Counsel. Steve Schultz will serve as lead counsel to the Association along with Mark Burzych. The NACUFS membership consists of approximately 550 institutions of higher education from across the U.S. and Canada, and nearly 500 industry members…
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FSBR Welcomes Christopher Patterson to the Firm
Fahey Schultz Burzych Rhodes PLC welcomes Chris S. Patterson to the law firm to handle municipal and intellectual property matters. He becomes the 10th attorney at the firm, which opened in 2008 and now serves more than 100 townships, cities, villages, counties, drain commissioners, and public libraries. Chris is a Michigan native from the Thumb…
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Follow up on Affordable Care Act advice?
Question: I have some follow up questions to your column last edition. Is counting up my Full Time Equivalent (“FTE”) employees as easy as counting 1 FTE for every 2 part time employees? Can I escape the Affordable Care Act by segregating my employees into different employers? Finally, I have a lot of seasonal employees. Is…
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Advice on Affordable Care Act?
Question: I know you’re an expert in franchise law, but can you give me some advice on the new Affordable Care Act? Answer: Absolutely. The employer mandate portions of the Affordable Care Act will become effective on January 1, 2014, but some provisions went into effect January 1, 2013! If you filed more than 250…
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How do I incorporate training into my systems?
Question: How do I incorporate training into my systems? Answer: Training is critical element of integrating a new franchisee into your system. And a franchisee’s training of its employees in integral to the franchise system’s success. At the MRA Show last month, we were lucky enough to have Dave Hood, President of iFranchise Group (www.ifranchisegroup.com),…
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FSBR to Host Free Workshop for Township Officials
Township Friends, The elections are finally over. Welcome to (or back to) the Township Board! Make sure you and your new township board colleagues are ready to respond to township challenges by attending our free 1/2 day workshop on Wednesday, December 5, in Okemos. Fahey Schultz Burzych Rhodes PLC is holding this workshop for new…
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How should I assist my franchisees with the operations of the franchised location?
Question: How should I assist my franchisees with the operations of the franchised location? Answer: Systemized Operations … the hallmark of a successful franchise system. What are “systemized operations?” Since you are in the restaurant industry, you probably notice the little things when you visit restaurants. When you visit a franchised restaurant, you probably notice…
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Four Members are “Best in America”
Four members of Fahey Schultz Burzych Rhodes PLC have been selected for inclusion in the 2013 edition of the national publication, The Best Lawyers in America. The attorneys included are William K. Fahey, Land Use & Zoning Law, Energy Law, and Appellate Practice; Stephen O. Schultz, Employment Law – Management and Labor Law – Management;…
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Burzych Appointed to MRA Board
Mark Burzych, founding partner of Fahey Schultz Burzych Rhodes PLC, has been named to the Michigan Restaurant Association Board of Directors.
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How should I assist my franchisees with the site selection process?
Question: How should I assist my franchisees with the site selection process? Answer: After the process of selecting the proper franchisee, site selection is the next most important decision you and your franchisee must make! The site selection process requires that you (1) understand your customers; (2) understand your new market; and (3) understand the…
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If I sell a franchise, how can I assure a franchisee will follow the system?
Question: Once I sell a franchise, how can I assure that the franchisee will follow the system? Answer: A franchisee will want to follow the system because they have spent considerable time researching (1) the industry or market segment; (2) opening up an independent business operation in your market segment; (3) other franchise opportunities in…
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Steve Schultz Speaks on Ethics in Government
Recently, Steve Schultz addressed the Michigan Municipal Treasurers Association’s annual Institute on the topic of Ethics in Local Government. The half-day session in Mount Pleasant on April 23, 2012, examined both the legal underpinnings of ethical conduct and the practical problems faced by municipal officials in dealing with unethical conduct. The session kicked off the…
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FSBR Sponsors Regionalism Forum
Fahey Schultz Burzych Rhodes PLC proudly sponsors its fifth annual Lansing Economic Club Regionalism Forum on May 10, 2012, at the Kellogg Center in East Lansing. Panelists at the Forum will include Doug Rothwell, President & CEO, Business Leaders for Michigan; Eric Scorsone, Extension Specialist, State and Local Government Program, Michigan State University; and Carmen…
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Bill Fahey Presenting to American Public Works Association
On May 24, 2012, Bill Fahey will speak to the American Public Works Association on Intergovernmental Collaboration, Cooperation and Consolidation. Local governments and agencies are finding new ways to cooperate with each other to stretch limited public funds and allow projects to be undertaken that would not be feasible for any single municipality. Fahey is…
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Ross Bower Named a “Top 5 Under 35” Attorney
Ross K. Bower II has been recognized as one of the “Top 5” attorneys under the age of 35 in Ingham County for 2012. The award recipients were selected by the Board of Directors of the Ingham County Bar Association and recognized at the Association’s Third Annual Barristers Night on March 22, 2012. The Board…
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Township Law E-Letter Marks 4th Anniversary and Circulation of 2,000
The Township Law E-Letter, published monthly by Fahey Schultz Burzych Rhodes PLC, recently celebrated two significant milestones. Edited by the firm’s founding member, Bill Fahey, this publication has produced timely and essential legal information for Michigan township officials every month for the last four years. Its circulation also now reaches more than 2,000 township officials….
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Fahey Co-Writes Michigan Municipal Law Treatise
Bill Fahey is co-author of the upcoming Michigan Municipal Law treatise chapter on Conflict and Cooperation Between Local Governments. The chapter reflects Fahey’s 35 years of experience representing municipalities in matters involving annexation, detachment, city incorporation, and intergovernmental cooperation. The new legal treatise will be the first of its kind to be published by the…
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Bower and Mills Serve as Judges at Mason High School Simulated Hearings
FSBR attorneys Ross Bower and Helen “Lizzie” Mills recently served as judges for the Mason High School Simulated Congressional Hearings. During the hearings, the students gave presentations on the effect of colonial experiences on the Founders’ views about rights and government and answered questions from the panel of judges.
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Steve Schultz to Address Michigan Association of Municipal Clerks
On March 20, 2012, Steve Schultz will address the “Master Academy” of the Michigan Associaion of Municipal Clerks at its conference in Mt. Pleasant. As part of a full-day seminar entitled “Consolidation and Collaboration of Public Services,” Steve will address the legal considerations that must be addressed in forming intergovernmental agreements to provide public services.
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How Can I Protect My Franchise from Being Copied By Franchisees?
Question: I want to franchise my business, but want to protect myself from a franchisee who tries to copy my system. Can I do that? Answer: Yes. Your franchise documents should contractually protect your system from renegade franchisees. But first, be reminded of our discussions of designing your franchise system. Recall that in designing your…
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Burzych to Facilitate a Business Roundtable at the International Franchise Association Annual Convention
On February 14, 2012, Mark Burzych will facilitate a “Business Roundtable” at the International Franchise Association’s Annual Convention in Orlando, Florida. Mark will facilitate a discussion among franchisors and IFA suppliers on the topic of franchise laws and “Disclosure Issues Related to Promotional Franchise Sales Incentive Programs.” The group will discuss business, legal, and regulatory…
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Annual Expenses for Franchisors
Question: If I want to franchise my concept, I understand that I need to have federally registered trademarks, my systems documented, and my franchise disclosure document prepared, among other things. Are there ongoing expenses to franchising? Answer: Yes, the Federal Trade Commission’s Franchise Rule requires annual updates. The Franchise Disclosure Document is a snap shot…
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FSBR Attorney Presents at Property Tax Appeals Seminar
FSBR attorney Ross Bower recently spoke at the “Property Tax Appeals” Sterling Education Services seminar in Southfield, Michigan. Ross presented on the topic of Tribunal Trials to a group of brokers, real estate investors, property agents, and attorneys. The specialized areas of tax and special assessment appeals have quickly become a large part of the…
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FSBR Lawyers Judge Statewide Middle School Debate Competition
FSBR lawyers Helen “Lizzie” Mills and Ross Bower recently served as judges for the Michigan Youth in Government competition at Cooley Law School. Youth in Government is a program sponsored by the YMCA of Michigan for middle school students. The students participated in the Contemporary Issues Forum, which includes a debate on a current issue….
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Why Franchise a Business?
Question: I have been reading with interest the series in the Michigan Restaurateur on how to prepare a concept for franchising. I understand that I need to develop my brand, systems, operations and unit economics. I understand that I need to duplicate my concept in different markets. I also understand that I need to federally…
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Fahey Schultz Firm is First Tier Best Law Firm
Fahey Schultz Burzych Rhodes PLC has been ranked by the U.S. News – Best Law Firms as a First Tier firm in eight practice areas for 2011 – 2012. The firm has been recognized for its expertise in Administrative/Regulatory Law, Appellate Practice, Employment Law – Management, Energy Law, Franchise Law, Government Releations Practice, Labor Law…
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Burzych Appointed to Committee
Mark J. Burzych, a founding partner of the Okemos-based law frim Fahey Schultz Burzych Rhodes PLC, has been selected to serve on the Office of Regulatory Reinvention’s Liquor Control Advisory Rules Committee. Mr. Burzych, along with the other appointed members of the committee, will assist the Office of Regulatory Reinvention in reviewing Michigan’s liquor control…
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FSBR Members are “Best in America”
Three members of the Okemos-based law firm of Fahey Schultz Burzych Rhodes PLC, have been selected for inclusion in the 2012 edition of the national publication, The Best Lawyers in America. The attorneys included are William K. Fahey, Administrative/Regulatory Law, Appellate Law, Energy Law, Land Use and Zoning Law and Litigation – Land Use and…
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U.S News Names Schultz Employment Lawyer of the Year
Best Laywers, the oldest and most respected peer-review publication in the legal profession, has named Stephen O. Schultz as the Lansing-area’s 2012 “Lawyer of the Year” for the representation of Management in Employment Law. After more than a quarter of a century in publication, Best Laywers is designating “Lawyers of the Year” in high-profile legal…
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Burzych and Schultz to Present at Upcoming Michigan Restaurant Show
Mark Burzych will present a seminar entitled “How to Design Your Brand For Franchise Success” to the Michigan Restaurant Association at the Michigan Restaurant Show on October 18, 2011 at 11:00 a.m. at the Suburban Collection Showplace in Novi, Michigan. Stephen Schultz will present a seminar entitled “An Industry Guide to Avoiding Costly Management Mistakes” to the…
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Breaking News: New State Law Limits Employer Contributions to Public Employee Health Insurance
Strategic Partner Analysis Download the full analysis Governor Snyder is expected to sign a new law that will limit public employer contributions to employee health insurance, effective January 1, 2012. This law will apply to all public libraries in the state. The “Publicly Funded Health Insurance Contribution Act” provides two mechanisms that limit employer contributions…
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Steve Schultz to Co-Facilitate Intergovernmental Cooperation Workshop
On August 18, 2011, FSBR attorney Steve Schultz, together with well known municipal consultant, Lew Bender, Ph.D., will facilitate a full-day workshop: “Consolidating Local Governmental Services: Effective Approaches and Strategies.” The workshop will be held at the Comfort Inn Hotel & Conference Center in Mount Pleasant, Michigan and will cover a variety of topics related to…
