Not Likely. The Deputy Treasurer and a board or review member appear to be incompatible offices. The Incompatible Offices Act, 556 PA 1978, prohibits a public officer or employee from holding 2 or more incompatible offices at the same time. MCL 15.181(2). The Act establishes a three-part test to determine whether two positions are “incompatible.”…
Is a Township Deputy Treasurer permitted to hold a position on the Township Board of Review?
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Can Townships play a role in ensuring taxes earmarked for roads are used for their intended purpose?
Q&A Video Clips Earmarked funds are sometimes diverted to other purposes instead of their intended use. Can the Township do anything to prevent this? Attorney Bill Fahey answers this question at the 2019 MTA Conference’s Q&A segment “We’re Glad You Asked That” At the MTA 2019 Conference, our attorney’s hosted our annual Question and Answer…
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Does a Township Clerk have to record every comment by officials and public members in the minutes?
No. The Open Meetings Act determines the necessary information for minutes. It provides the following required information: The public body meeting; The date, time and place of the meeting; The members present and members absent; All decisions made at the meeting (i.e., motions and resolutions, committee assignments, etc); The purpose or purposes for which the…
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Can a private business request the Township’s entire electronic tax roll?
A variety of private companies now submit these requests to townships throughout the state to, in-part, aggregate data to re-sell to their private customers. These companies often suggest “easy” ways to upload the electronic information hoping a township will not charge them a fee. Township can recoup expenses associated with having electronic public records available…
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Who Can Speak to the Township Attorney?
Q&A Video Clips Who is allowed to speak with the township attorney? Attorney William Fahey answers this question at the 2019 MTA Conference’s “We’re Glad You Asked That Segment.” Every year, Fahey Schultz Burzych Rhodes hosts the Q&A segment of the Michigan Township Association conference to answer your questions At the MTA 2019 Conference, our…
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What happens if a property is written a violation, and then sold?
Q&A Video Clips At the MTA 2019 “We’re Glad You Asked That” Q&A segment, Attorney Kyle O’Meara answers the question “If a property is written a violation, and then sold, but the new owner is unaware, what happens?” At the MTA 2019 Conference, our attorney’s hosted our annual Question and Answer panel to address the…
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Can a zoning administrator also hold office as a township trustee?
It may be valid under current law, but for practical reasons should be carefully considered. The statute governing whether an individual can hold two public offices is Michigan’s Incompatible Offices Act. See MCL 15.181. The Incompatible Offices Act establishes a three-part test to determine whether two positions are “incompatible.” If one position: (1) subordinates another…
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Can a Township Crowdfund for a Community Fundraising Project?
Q&A Video Clips At the MTA 2019 Conference, our attorney’s hosted our annual Question and Answer panel to address the questions you submitted. Our panel included Bill Fahey, Kyle O’Meara, Jacob Witte, and Matthew Kuschel, hosted by Christopher Patterson. Between them, this panel represents decades of experience in sectors ranging municipal law, public utilities, labor…
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Why Do I Need a Land Use Permit for Property I Wouldn’t Need a Building Permit For?
Q&A Video Clips If you own property in a township, why do you need to get a land use permit for everything? Even things, it seems, that you wouldn’t normally need to get a building permit for? Attorney Kyle O’Meara answers the question at the 2019 MTA Conference. At the MTA 2019 Conference, our attorney’s hosted…
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Does the Township have to submit its ordinance to the Marihuana Regulatory Agency to prohibit or allow adult-use marihuana establishments?
No. The Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, provides township the ability to completely prohibit or limit the number of marihuana establishments within their boundaries. Townships may also adopt other ordinances consistent with the Act. The Act, however, does not require that such ordinance (whether prohibiting this use or…
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Is My Personal Laptop Subject to FOIA?
Q&A Video Clips If I use my personal laptop to do work related to my official duties, is it possible my laptop could be subject to a FOIA request? Kyle O’Meara answers this question from the “Glad You Asked That” segment of the Michigan Township Association Conference. At the MTA 2019 Conference, our attorney’s hosted…
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Would improvements to a park for landscaping that exceed $15,000.00 require a licensed architect or licensed professional engineer for plan preparation and direct supervision during construction?
Maybe. MCL 339.2011 governs the construction of public works and imposes the requirement for certain projects to require a licensed engineer or architect to oversee the project: “(1) Except as otherwise provided in subsection (2), the state or a county, city, township, village, school district, or other political subdivision of this state shall not engage…
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Can an Unmarried Spouse Sell a Home and Receive Veteran’s Exemption??
Q&A Video Clips If a surviving spouse sells their home to buy another one in Michigan, will the unmarried spouse be allowed the veteran’s exemption? Chris Patterson relates the letter of the law and the perspective of the overseeing agencies involved, as well as recent changes and decisions regarding veteran’s exemptions. At the MTA 2019…
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What’s the legal spelling of Marijuana?
Q&A Video Clips What’s the legal spelling of marijuana in Michigan? If I’ve opted-in to commercial medical marijuana, can recreational facilities come into the Township? These great questions are addressed by Attorney Chris Patterson. At the MTA 2019 Conference, our attorney’s hosted our annual Question and Answer panel to address the questions you submitted. Our…
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May a Township establish a set of rules for public comment?
Yes. The Michigan Open Meetings Act provides in MCL 15.263(5) that a person shall be permitted to address a public body “under rules established and recorded by the public body.” Significantly, the rules must be “established” and “recorded” by the public body. It is recommended that Townships adopt their public comment rules through official action,…
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What’s the advantage in changing from a township to a village?
Q&A Video Clips Why are villages permitted to be agencies under Act 51? What other differences are there between township and village governments? Attorney William Fahey answers these questions. At the MTA 2019 Conference, our attorney’s hosted our annual Question and Answer panel to address the questions you submitted. Our panel included Bill Fahey, Kyle…
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What happens if we do nothing about recreational marijuana?
Q&A Video Clips What happens if my Township has not made a decision about allowing recreational marijuana? Attorney Matthew Kuschel breaks down the language surrounding the medical and recreational marijauna laws in Michigan. At the MTA 2019 Conference, our attorney’s hosted our annual Question and Answer panel to address the questions you submitted. Our panel…
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Does a Township have to contact the State after it has authorized or prohibited commercial medical marihuana facilities?
Yes, if the township has authorized commercial medical marihuana facilities. Section 205 of the Michigan Medical Marihuana Facilities Licensing Act (“MMFLA”) authorizes townships to adopt an ordinance that allows 1 or more types of marihuana facilities and to limit the number of such facilities. Section 205 further provides that a township that does so “shall”…
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If an elected official is resigning before the term has ended, is the township required to post the vacancy?
No. There are no general posting requirements for vacancies created by the resignation of township elected officials under the Michigan Election Law Act (“Act”) and Michigan case law. Municipalities may, however, adopt their own posting requirements under their governing documents or policies and procedures. Though the Act does not contain a general posting requirement, it…
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Can current township employees (including township zoning administrators) serve on a planning commission for the township they work for?
No. The Michigan Planning Enabling Act, Act 33 of 2008, MCL 125.3801 et seq. allows municipalities to create planning commissions. Among other things, planning commissions make zoning decisions and help prepare master plans. Section 15 of the Planning Enabling Act prohibits township employees from working for a township and serving on its planning commission. MCL…
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Does federal law impact whether local government officials must coordinate with federal immigration officers concerning the immigration status of individuals?
Given the current national debate, does federal law impact whether local government officials must coordinate with federal immigration officers concerning the immigration status of individuals? Maybe. Federal law does not clearly mandate that local government and officials must coordinate with federal immigration officers. But federal law does not allow a local government or official to…
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Can a county commissioner from a charter township also hold a seat on an ordinance writing committee for general law townships?
You have asked whether a county commissioner from a charter township may also hold a seat on an ordinance writing committee for general law townships. The Incompatible Public Offices Act (the “Act”) prohibits a public officer from holding two or more incompatible offices at the same time. Under the Act, two public offices are incompatible…
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Does a township have to pass a millage to help assist a county road commission?
No. There is no statutory obligation for a township to adopt a millage to assist a county road commission in construction, maintenance, or improvement of a road. A township would only be under an obligation to pay for such costs if a contract existed between the parties. See Public Act 51 of 1951; Michigan Attorney…
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The township has an individual that serves on the Planning Commission and on the Zoning Board of Appeals. Can the individual vote on both boards on the same issue?
The Township has an individual that serves on the Planning Commission and on the Zoning Board of Appeals. When a project comes before both, can the individual vote on both boards on the same issue or should they recuse themselves for one or the other? Is it a conflict of interest? The Michigan Zoning Enabling…
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The Township has an individual that serves on the Planning Commission and on the Zoning Board of Appeals. When a project comes before both, can the individual vote on both boards on the same issue or should they recuse themselves for one or the other?
The Township has an individual that serves on the Planning Commission and on the Zoning Board of Appeals. When a project comes before both, can the individual vote on both boards on the same issue or should they recuse themselves for one or the other? Is it a conflict of interest? The Michigan Zoning Enabling…
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Does a Deputy Clerk have to be a Resident of the Township?
Elected officials must be residents of the township in which they are seeking office. MCL 168.342 provides that “[a] person is not eligible to a township office unless the person is a registered and qualified elector of the township in which election is sought by the filing deadline.” But, there is no statutory authority that…
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Can a Township be reimbursed for the costs of producing documents in response to a subpoena?
The answer depends on whether the township is involved in litigation that is the basis of the subpoena. If the township is a party to the litigation (i.e., a plaintiff or a defendant), the township must bear the costs in assembling the documents responsive to the subpoena and the requesting party will bear the copying…
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How long after someone receives a special use permit do they have before that have to commence work under the permit?
The Michigan Zoning Enabling Act, MCL § 125.302(1), allows a legislative body to provide for special land uses in a zoning ordinance. The township’s zoning ordinance is required to specify the requirements and standards for approval of a special use permit. Additionally, the township may approve the special use permit with conditions, such as a…
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What are the requirements of placing an extra-voted millage on the ballot?
Townships requesting to levy taxes over the statutory authorized millage amounts must have the electors vote to approve such millage. This includes any additional millage for general operating or a specific purpose, such as fire departments, police departments, park or roads. The electors of the Township approve the millage at an election. Before the electors…
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Is it possible to write a non-zoning ordinance for wind turbines with setbacks from the property line that would holdup if challenged?
Yes. MCL 41.181 and MC 42.15 allow a township to adopt non-zoning ordinances (often referred to as police power ordinances) to regulate as may be deemed necessary to provide for the public health and safety of the property owners and residents within a township. Using a non-zoning ordinance is especially common for those townships interested…
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How long after someone receives a special use permit do they have to commence work or use the permit?
The Michigan Zoning Enabling Act, MCL § 125.302(1), allows a legislative body to provide for special land uses in a zoning ordinance. The township’s zoning ordinance is required to specify the requirements and standards for approval of a special use permit. Additionally, the township may approve the special use permit with conditions, such as a…
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When an alley is formally vacated from a plat, do the property lines, and thus related setbacks, change for the properties adjacent to the vacated alley?
An owner of property abutting a street, alley, or other public right-of-way has a reversionary interest to the center of the street or alley. 2000 Baum Family Trust v Babel, 488 Mich 136, 152 (2010). When a street or alley is vacated, it reverts to the abutting owner or owners. Id. at 155; MCL 560.227a. An…
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Do you have to be a resident of the township to serve as the zoning administrator or code enforcement officer?
No. Township elected offices must be occupied by registered and qualified electors of the township in order to be eligible for that township office. MCL 168.342; see also MCL 168.368. This necessarily means that the individual must have been a resident of the Township for at least 30 days. Residency within the township must be…
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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 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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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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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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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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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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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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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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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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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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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…