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…

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…