Municipal employees are the first line of service to citizens. They put a “face” on local government. Managing employees—and their benefits—in a fair, uniform way is critical to not only their performance, but also to providing quality service. It is easy to lose sight of this focus with shrinking budgets and sky-rocketing benefits costs, particularly…
Ins and Outs of Collective Bargaining Part I
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Burzych Named Top-Tier Franchise Lawyer
Mark J. Burzych has been named one of the top franchise lawyers in the country by the franchise industry leading publication, Franchise Times. Franchise Times published its 2018 list of “Legal Eagles” in the field of franchise law which includes approximately the top 10% of all franchise lawyers in the country with top-level experience providing…
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Current Township Water & Sewer Issues
Townships frequently contract with cities and villages for water and sewer service. In some cases, cities and villages demand township residents pay substantially more for the same sewer and water service than city and village residents pay. Sometimes, cities and villages charge township residents twice as much as city or village residents. Discriminatory and excessive…
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Can a Township Supervisor also serve on the Planning Commission as a representative of the Township Board?
Under the Planning Enabling Act, the Township Supervisor appoints the members of the Planning Commission, subject to approval by the Township Board. MCL 125.3815. This Section permits one member of the Township Board (or two in certain circumstances) to be appointed as a commission member of the Planning Commission for the length of his or…
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How will my township be effected by the State Tax Commissions new AMAR standards?
The State Tax Commission (“STC”), the agency responsible for ensuring substantial compliance with the requirements of the General Property Tax Act, has set new standards when conducting an audit of minimum assessing requirements (“AMAR”). All local units of government should make themselves aware of these new requirements, as a failure to meet one or more…
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Impacting Wetlands: How to Handle Township Projects that Require Wetland Mitigation
In an effort to preserve wetlands, restrictions and conditions have been placed on the use and development of wetland property in the form of wetland mitigation. Unfortunately, abiding by these stringent mitigation requirements can cause municipal projects to become more complicated, expensive, and time consuming. This E-Letter highlights township involvement in wetland mitigation and benefits…
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To Pay or Not to Pay: The Distinction Between Volunteers and Public Employees
In today’s society, it is not uncommon to volunteer one’s services. You do not have to look far to find an employed man or woman freely offering their time to take part in an enterprise. However, there are some crucial issues raised by the philanthropic township employee who wishes to perform volunteer work for the…
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If no one applies for an open position, can a township board appoint someone that is not a registered voter?
No. Township offices can only be occupied by registered electors. A person is not eligible for a township office unless the person is a registered and qualified elector of the township. MCL 168.342. A qualified elector is at least 18 years old, a resident of the state for six months, and has resided in the…
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Can a Township prohibit the outdoor growing of medical marihuana by a patient or caregiver?
No. On January 18, 2018, the Court of Appeals ruled that the Michigan Medical Marihuana Act (“MMMA”) preempts a local township from adopting a zoning ordinance regulation that prohibits medical marihuana caregivers or patients from growing marihuana outdoors. The Court of Appeals determined that lawful medical use of marihuana under the MMMA included “cultivation.” According…
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Top Ten Medical Marihuana Emergency Rules You Should Read
Since the legislature adopted the Medical Marihuana Facilities Licensing Act (“MMFLA”) establishing commercial medical marihuana facilities for the first time, the State of Michigan has created an agency, the Bureau of Medical Marihuana Regulation (“BMMR”), and directed the BMMR to establish emergency rules for the upcoming deadline when applicants can first apply for state licensure…
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Can a township allow the temporary operation of commercial medical marihuana facilities prior to receiving a state license?
Yes. The Bureau of Medical Marihuana Regulation (the “Department”) issued its emergency rules (“Rules”) that were promulgated under the Michigan Medical Marihuana Facilities Act (“MMFLA”). Rule 19 specifically addresses the temporary operation of state-licensed facilities prior to approval by the Department as long as the Township approves of temporary operation. Under Rule 19 (1)(a) and…
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Township Property Tax Update
The Michigan Tax Tribunal (“MTT”), Attorney General’s Office, and State Tax Commission (“STC”) released updates regarding property tax issues and procedures this year that can help townships in the new year. In addition, the Court of Appeals and Supreme Court have recently released property tax-related decisions that may impact how townships are assessing properties for…
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Can a general law township rely on the powers provided to charter townships under the Michigan Charter Township Act?
No. Townships are organized as a municipal body with the powers and immunities provided to them by law. Michigan Constitution, Article VII, § 17. State law provides for two types of townships in Michigan. General law townships and charter townships. All townships are general law townships unless the township has followed the process under the…
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Township Law Legal Update: Recent Decisions Impacting Townships
Laws that apply to townships are changed frequently by the Legislature and the courts. This month’s E-letter focuses on decisions handed down by the Michigan Court of Appeals that may cause changes as to how some townships are currently operating. Some of the most interesting decisions from the last year address the enforcement of blight…
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If a township adopts an amendment to its current zoning ordinance, could the property be used for any use previously allowed on that property prior to the amendment?
No. The Michigan Zoning Enabling Act expressly recognizes nonconforming uses in MCL 125.3208(1): “If the use of a dwelling, building, or structure or of the land is lawful at the time of enactment of a zoning ordinance or an amendment to a zoning ordinance, then that use may be continued although the use does not…
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The Michigan Bureau of Medical Marihuana Regulation Provides Direction on Upcoming Rules and Regulations
Since the legislature adopted the Medical Marihuana Facilities Licensing Act (“MMFLA”) establishing commercial medical marihuana facilities for the first time, townships have been discussing locally whether to allow such facilities within their jurisdictions. The State of Michigan has also been busy preparing for the upcoming deadline when applicants can first apply for state licensure to…
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Ask the Experts LIVE!
Our very own, Mark Burzych, will be available Tuesday, October 17, at 1:00 p.m. to answer all of your franchise law questions at the 2017 Michigan Restaurant Show in Novi, Michigan. The long-standing Michigan Restaurateur magazine Q&A forum is being transformed into a one-hour, moderated, LIVE event at this year's show! Click here for more…
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A Franchisee employee’s posts are damaging our brand, but the employee is outstanding at the workplace. What should we do?
You are experiencing the “new frontier” of difficult business issues that society will have to deal with in the coming years. What used to be spoken to a few people is now posted and broadcasted to thousands or millions of people on social media. The advent of social media has significantly changed how people communicate….
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Our customer relations department received complaints about employee posts on social media. We received demands to terminate this employee. The employee’s posts are damaging our brand, but the employee is outstanding at the workplace. What should we do?
You are experiencing the “new frontier” of difficult business issues that society will have to deal with in the coming years. What used to be spoken to a few people is now posted and broadcasted to thousands or millions of people on social media. The advent of social media has significantly changed how people communicate….
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Can a Township Supervisor appoint a Deputy Supervisor who also acts as a Trustee for the Township?
A Township Supervisor can appoint a Deputy Supervisor. The Deputy takes an oath of office and may be paid a salary or otherwise as determined by the Board. The Deputy serves at the pleasure of the Supervisor and acts in their absence, sickness, or other disability but will not have a vote on the Board….
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Does Your Township Need a Solar Ordinance?
In an effort to promote renewable energy within Michigan, the Legislature passed Public Act 342 in 2016. This Act amended Michigan’s Clean and Renewable Energy and Waste Reduction Act, originally passed in 2008. The Amendment promoted growth in Michigan’s renewable energy industry. Wind farms were developed throughout the state. More recently, townships are seeing a…
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Fahey is “Lawyer of the Year”
For the third time, William K. Fahey was selected by his peers as “Lawyer of the Year” in the latest edition of The Best Lawyers in America. Mr. Fahey is one of two of the firm’s members designated as a 2018 “Lawyer of the Year” and one of five firm attorneys recognized by The Best…
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Schultz is “Lawyer of the Year”
For the third time in the last five years, Stephen Schultz was selected by his peers as “Lawyer of the Year” in the latest edition of The Best Lawyers in America. Mr. Schultz is one of two attorneys in the firm designated as a 2018 “Lawyer of the Year” and one of five firm attorneys…
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How does the First Amendment (freedom of speech) and Michigan Open Meetings Act (OMA) apply to the public during the public comment period of a township board meeting?
Contrary to popular belief, the First Amendment of the US Constitution does not give township residents the right to make remarks during a meeting’s public comment period. The United States Supreme Court stated in Minnesota State Board for Community Colleges that “[t]he Constitution does not grant to members of the public generally a right to…
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Ten Strategies for Effective Ordinance Enforcement
Many townships continue to struggle with ordinance enforcement. There are multiple reasons, including knowledge of the enforcement process, staffing, and costs. As those townships that have become embroiled in enforcement litigation are aware, the litigation costs can be significant and the results may not meet expectations. Many townships are left soured after their initial foray…
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Five Members are “Best in America”
Five members of the firm have been selected for inclusion in the 2018 Edition of the national publication, The Best Lawyers in America. The attorneys included are William K. Fahey, Administrative and Regulatory Law, Appellate Practice, Energy Law, Land Use and Zoning Law, Litigation – Land Use and Zoning, Litigation – Municipal, and Municipal Law;…
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Update on Joint Employer: Department of Labor’s Informal Guidance on Joint Employment Withdrawn – National Labor Relations Board’s Standard Remains
On June 7, 2017, the U.S. Secretary of Labor, Alexander Acosta, announced the withdrawal of the U.S. Department of Labor’s (“DOL”) Wage and Hour Administrator’s Interpretations (“AI”) on joint employment and independent contractors. Recall that in February 2016, the Obama Administration DOL announced that the agency planned to examine dual employer relationships very closely, with…
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Can a township prohibit charitable or civic organizations from soliciting in an intersection within the township?
No. A recent amendment to the Motor Vehicle Code (MCL 257.676b) expressly permits charitable and civic organizations to solicit in the streets. The amendment further prohibits a township (or any local municipality) from adopting any ordinance prohibiting such soliciting. Those townships that ban charitable or civic organizations from soliciting have until September 25, 2017 to…
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Township Employees: The Corrective Action Process
Like any other employer, townships have a constant interest in maintaining an efficient operation. This relies heavily not only on fiscal management, but also effective personnel management: the ability to recruit capable employees, appropriately correct those capable employees who stray from performance expectations, and appropriate separation of those employees who are not salvageable. Stated simply,…
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How can townships regulate grandfathered (nonconforming) land uses?
Townships revising their zoning ordinance often face the dilemma of creating nonconforming land uses. In common parlance, many use the term “grandfathered” uses. It is important to note that the Michigan Zoning Enabling Act does address these situations See MCL 125.3208. The Michigan Zoning Enabling Act protects a property owner’s right to continue to operate…
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Is Your Personnel Policy Manual Out-Of-Date?
We have often heard Township Officials state that they do not need an Employee Handbook or a Personnel Policy Manual because “We are a small Township with only a couple of employees,” or “Our Fire Department is all volunteers and they have their own Policies,” or “We adopted our policies years ago and they still…
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Fahey Schultz Burzych Rhodes Elects New Member
The firm is proud to announce the election of Helen “Lizzie” Mills as a Member of the firm. Lizzie joined the firm in 2010. Her practice focuses on municipal law and labor and employment law. Lizzie has gained extensive experience in collective bargaining and in grievance and interest arbitration, as well as handling administrative claims…
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I am looking to purchase a franchise and the franchisor says that they cannot tell me how much I would earn if I purchased the franchise. Can this be true?
A “Financial Performance Representation” is a statement by the franchisor regarding how much a franchisee could make if the franchisee purchased the franchise. The Federal Trade Commission Franchise Rule requires that if a franchisor is going to tell a franchisee how much the franchisee can make operating the franchise, the franchisor must disclose that in…
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Can a public meeting agenda be changed during a meeting?
Generally, yes. For regular meetings, a member of the township board can move to amend the agenda to add a business item for discussion or action. For special meetings, however, the business to be discussed must be limited to the item(s) provided in the notice of the special meeting, unless all members of the township…
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Township Law Legal Update: New Cases on Ordinance Enforcement and Townships’ Authority to Regulate
When regulating property, townships face difficult decisions. Although townships may wish to rely on their police power to enact and enforce ordinances promoting the health, safety, and general welfare of their residents, they must be sure to do so without violating a citizen’s due process rights or other relevant law. Recently, the Michigan Court of…
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Christopher Patterson Named a “Top 5 Under 35” Attorney
Christopher Patterson, an associate attorney with the firm, is recognized as one of the “Top 5” attorneys under the age of 35 in Ingham County for 2017. The award recipients were selected by the Board of Directors of the Ingham County Bar Association. Chris was recognized at the Association’s Annual Barristers Night in late March….
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If there is a private cemetery within the township, is the township required by law to provide the maintenance and care of that cemetery?
No. State law mandates the proper care of township cemeteries (referred to as public cemeteries), but not private cemeteries within the township. MCL 128.61 states that the Township shall “cause all cemeteries within [the] township, except private cemeteries . . . , to be properly taken care of. Despite no state law requirement to provide…
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Property Tax Update
The Michigan Tax Tribunal (“MTT”) released updates regarding the 2016 calendar year and new procedures for 2017. In this E-Letter we discuss and highlight those updates. In addition, we highlight some recent, relevant decisions of the Michigan Court of Appeals. Michigan Tax Tribunal Updates MTT by the numbers for 2016 5,800: open cases at the…
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I run a pizza franchisor and recently found out that one of my franchisees is not using the system’s approved cheese. I have been trying to work this out with the franchisee for over 6 months but we cannot agree. What should I do?
This is a much broader question than pizza cheese. This is a question about the enforcement of brand standards, which is paramount to a franchise system. The beauty of a franchise system is that when customers see the franchise brand, they immediately know what to expect. When they see the “Golden Arches,” they expect hamburgers,…
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Who has authority over deputy clerks and deputy treasurers?
Township clerks have authority over deputy clerks and township treasurers have authority over deputy treasurers. Under Michigan Township Law, “[t]he township clerk shall appoint a deputy, who shall serve at the pleasure of the clerk.” MCL 41.69. Likewise, “[t]he treasurer shall appoint a deputy, who shall serve at the pleasure of the treasurer.” MCL 41.77….
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Top Ten Questions Newly-Elected Officials Have
In November of last year, many new township board members joined the municipal community as supervisors, treasurers, clerks, and trustees. The duties and obligations of each elected office vary substantially. Even so, survey results and trending data from these new officials demonstrate a consistent interest in learning the basics in ten areas of township governance….
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Should a township write a civil infraction citation against the tenant of a commercial building for violation of the zoning ordinance when the violation is the result of the tenant’s use of the rented space?
Most likely. There are often instances where a commercial development is owned by a single property owner who rents space to tenants on the property. Each unit within the development is often rented by separate tenants, and each unit contains a separate use authorized by the local zoning ordinance. In situations where the tenant has…
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The Emerging Trend of Wedding Barns
New uses are always impacting how a township applies or amends its regulations. Numerous townships have seen an emerging trend where historic agricultural barns of the past are converted to provide a new venue for weddings, conferences, and parties. Since these barns are often located in the rural areas of townships, the new commercial operation…
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What changes can be expected for the franchise or hospitality industry with the new administration at the federal government?
First, in late November, just in time for Thanksgiving, a Texas federal judge on Tuesday entered a nationwide injunction blocking the U.S. Department of Labor from implementing a controversial rule that would have expanded overtime protections, saying the rule improperly created a de facto salary test for determining which workers fall under the Fair Labor…
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2016 In Review: Important Open Meetings Act (OMA) Decisions
Like many aspects of township law, developments in technology and the prevalent use of email and cellphones has made compliance with the OMA increasingly complex. Typically, these developments occur in court cases, which can involve differing opinion as to how this statute applies to new technology. This E-Letter summarizes the significant OMA decisions regarding these…
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Does a township have any legal right to restrict a person from making excessive requests under the Michigan Freedom of Information Act (“FOIA”)?
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…
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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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2016 In Review: Important Freedom of Information Act (FOIA) Decisions
Like many aspects of Township law, recent legal developments under the Freedom of Information Act (FOIA) have made it increasingly complex to be in compliance with these statutes. The Michigan courts released several significant decisions addressing the FOIA. The courts continued with last year’s theme, continuing to enforce the longstanding principle that the FOIA is…
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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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The New Law On Commercial Medical Marihuana Facilities
After years of uncertainty about the voter-initiated Medical Marihuana Act, last month the legislature took a big step toward clarification in the Medical Marihuana Facilities Licensing Act (“MMFLA”). The MMFLA allows commercial medical marihuana facilities for the first time, but licenses and taxes them. The new law permits townships to choose whether they want commercial…
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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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Understanding Cable Franchise Requests
Many townships in Michigan struggle with cable franchise requests, either as new requests for franchises or renewals of current franchises. Some of these requests come from cable service providers referencing federal laws and procedures, while others are referencing state laws and procedures. Even more confusing, the occasional cable service provider contacts a township asserting rights…
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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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Township Law Legal Update (Part II): Recent Court Decisions Reaffirm Township Authority to Regulate Local Concerns
Returning with our second part on township law legal updates, we review decisions impacting township authority to regulate local concerns provided under constitutional and statutory authority. This authority is not always specific, however, and the Legislature and courts are frequently called upon to clarify municipal authority. This month’s E-letter focuses on decisions handed down by…
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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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Township Law Legal Update (Part I): Recent Zoning and Planning Decisions
Laws that apply to townships are changed frequently by the Legislature and the courts. This month’s E-letter focus on decisions handed down by the Michigan Court of Appeals impacting zoning and planning. As economic activity increases, so do requests for zoning action. Some of the most recent developments in the last year provide assistance to…
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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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Big Box Stores: Finding New Solutions
In our March E-Letter, we recounted the serious setbacks that big box stores have been handing to taxing jurisdictions in the Michigan Tax Tribunal (MTT) for the last five years. The MTT has been assigning low taxable values to big box stores by comparing them to “dark” stores that sold for lesser uses. But recently…
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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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Noise Ordinances Under Attack
Townships often use police power ordinances for the regulation of noise. But noise regulation presents unique problems in determining how to objectively determine when a certain noise reaches the threshold of being too loud for a community. In addition to the standard issues of authority and reasonableness inherent in any kind of regulation, noise regulations…
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Common Employment Issues and Policies
There are many employment issues and very few “one-size-fits-all” answers. But there certainly are a core set of employment concepts and policies that your township should consider that will enrich employment relations and, if necessary, improve your township’s defense against employment-related litigation and claims. This E-Letter explores this core set of employment concepts and policies….
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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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The Big Box Store Pandemic Has Slashed Tax Base for Townships Due to Michigan Tax Tribunal Rulings
For over five years, the Michigan Tax Tribunal (MTT) has been ruling against townships, sending the message that big box stores are not worth what they cost to build. The MTT has been assigning low taxable values to big box stores by comparing them to “dark” stores that sold for lesser uses. Several court cases…
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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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Drain Code Basics: Ten Things Townships Should Know
Michigan’s drainage laws originated well before it achieved statehood, but are no historical artifact. Despite the long history of drainage law, many of the basic legal principles and procedures regarding drains are interrelated with Township activity. These laws are compiled in the Michigan’s Drain Code, which constantly evolves to meet the State’s needs. This E-Letter…
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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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State Tax Commission Update
A new tax year is upon us! Last December, the State Tax Commission (“STC”) released several new bulletins that provide guidance to assessors of local units of governments. In this E-Letter we discuss and highlight those bulletins. In addition to the new information regarding property taxes, we would be remiss to not highlight the recent…
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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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Township Law Legal Update: Part II
In September, we issued Part I of our series on Township Law Legal Updates, which you can find in the Township Law Resources section of our website. This year the Township Law Legal Update has been divided into two updates, as numerous developments in the law have occurred that could not all be addressed in…
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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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Dealing with Distressed Properties
Recently the economy has seen an uptick and property values are restoring, as well as townships’ tax basis. Prior to this resurgence, however, the 2007-2009 economic collapse caused substantial foreclosure rates, devastating some communities and leaving unoccupied vacant structures. In other communities, a few vacant properties with overgrown lawns and an accumulation of trash were…
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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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Township Employees and Collective Bargaining
Collective bargaining for townships presents unique challenges that do not exist in the private sector. As the decision makers, township officials face constant oversight by their constituents throughout the bargaining process. As a result, the process that happens behind closed doors is still subject to an overlay of politics, public opinion, and concern over the…
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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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Township Law Legal Update: Part I
Laws that apply to townships are changed frequently by the Legislature and the courts. The courts hand down new interpretations that must be followed by township officials on a regular basis. Some of the most recent developments in the last year are discussed for the benefit of township officials in this first part of a…
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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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Delinquent Personal Property Tax Collection
Although personal property tax has seen significant revisions by the Legislature in the past two years, collection of personal property tax remains an issue for many Townships. Townships often focus on real property tax calculation for prudent reasons. Namely, delinquent personal property tax collection in any jurisdiction is typically a small amount compared to the…
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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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Beware: Franchise Sales Are Regulated Transactions
Fast Facts: Many professional athletes are investigating franchising as professional careers beyond sports. Franchise sales are transactions regulated by the Federal Trade Commission and various states. Franchisors must provide a franchise disclosure document to prospective franchisees before the sale of a franchise. The 52nd Annual Convention of the International Franchise Association (IFA) held in February…
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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…
