Is a Township Deputy Treasurer permitted to hold a position on the Township Board of Review?

Not Likely. The Deputy Treasurer and a board or review member appear to be incompatible offices. The Incompatible Offices Act, 556 PA 1978, prohibits a public officer or employee from holding 2 or more incompatible offices at the same time. MCL 15.181(2). The Act establishes a three-part test to determine whether two positions are “incompatible.”…

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…

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…

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…

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,…

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”…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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….

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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….

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…