2015 Employment Law Update: Part I

Effective township governance includes the responsibility of being an effective employer. This responsibility requires townships to face many concerns that other employers face in the management of employees. In this first part of our two-part series on effective employment practices, we look at some common employment issues that can turn into traps for townships and…

Private disputes can arise quickly and turn once-friendly neighbors into plaintiffs and defendants. In an effort to avoid being involved in costly litigation, townships should understand the common property disputes and have a general knowledge of those disputes and the proper way to handle them to avoid getting into trouble in the process. In this…

Come meet our township attorneys as they discuss hot topics during the educational sessions for township officials at the MTA’s Annual Educational Conference & Expo. The conference will be held January 27-30, 2015 at the DeVos Place in Grand Rapids. Our township attorneys will be speaking on the following topics. Click on each attorney’s name to…

With growth in the labor force and manufacturing industry, townships are seeing more interest in tax abatement opportunities. Tax abatements are a reduction of, or exemption from taxes granted by the government. While local tax abatements are limited, there are some state-level tax abatements available under the Plant Rehabilitation and Industrial Development Districts Act, PA…

As most township officials know, there are numerous requirements to consider in complying with the Open Meetings Act (OMA). Many of the compliance requirements have become common knowledge among township officials. However, some widely accepted beliefs regarding the OMA are nothing more than myth! The following “myths” have been inspired by actual events and Court…

Last month we asked our readers whether their townships had Freedom of Information Act (FOIA) policies. Fifty-eight percent of the responses indicate that township FOIA policies have all been updated within the last five years, which is great! Many of the compliance requirements for FOIA have become common knowledge and will be incorporated into these…

There are three general sources of funds for financing fire department operations: taxes, special assessments and fees. No single one of these sources is exclusive, and many townships rely to some extent on each of these funding sources for their fire departments. However, each source of funding provides its own advantages and disadvantages, as well…

A member of the Okemos-based law firm of Fahey Schultz Burzych Rhodes PLC, has been selected as “Lawyer of the Year” by peers for inclusion in the 21st Edition of The Best Lawyers in America, which is published by U.S. News annually.  Mark J. Burzych has been named the Best Lawyers’ 2015 Lansing metropolitan area…

The laws that apply to townships are unique and not well understood by ordinary citizens and even most lawyers. These laws are also constantly developing, with new interpretations being handed down by the courts on a regular basis. Some of the most recent developments in this changing body of law are discussed for the benefit…

Most Michigan residents can probably agree that something needs to be done to improve our crumbling roads. But after much talk in Lansing, we still do not have comprehensive reform for road funding. In August and November this year, many townships are going to the polls to seek or renew substantial road millages. But without…

Michigan townships commonly adopt policies covering a wide range of subjects. Some are required, but others are just a good idea. For example, with requests for township records, the Freedom of Information Act (FOIA) does not mandate a policy, but if you want to recover your reasonable costs of responding to such requests, a policy…

Last month, our E-Letter focused on some of the recent developments in property tax law. This month, our E-Letter addresses additional developments in property tax law, more changes at the Tax Tribunal, and an update on personal property taxes. In addition, this E-Letter includes an important update on Federal Flood Insurance reforms. Changes at the…

It is property tax time again! As Boards of Review close and assessment rolls are finalized, it’s time for another Property Tax Update. This E-Letter focuses on recent developments in property tax law, changes in procedures at the Tax Tribunal, the Walgreens personal property appeals, and an update on Big Box appeals. Knowing about these…

Many townships have been following legal developments under the MMMA since its 2008 enactment. The Michigan Supreme Court just decided a case that further clarifies the options available for local regulation of medical marihuana. Although townships now clearly cannot impose a total ban on medical marihuana uses and activities, the Supreme Court has left open…

Michigan townships currently receive legal counsel from more than 250 attorneys and law firms around the state. Township attorneys and law firms come from all parts of Michigan, and reflect a broad range of sizes, fees, services and experience. This E-Letter offers practical advice on what kinds of information you should request and consider when…

Like many aspects of Township law, recent legal developments under the Open Meetings Act (OMA) and Freedom of Information Act (FOIA) have made compliance with these statutes increasingly complex. Typically, these developments occur in court cases, which can involve sometimes shifting interpretations of these statutes, or in new legislation that changes the provisions in the…

Part 2 of our Zoning and Land Use update is here. Our 2013 series on recent zoning and land use law developments concludes with this E-Letter. Zoning and land use law constantly changes, and interest in land development has returned to Michigan, as evidenced by our jam-packed October and November E-Letters. With the state’s economy…

The challenges of zoning and land use regulation continue to change as the law develops. Some of the recent legal developments stem from new statutes. Others derive from technological advancements that pose new issues for regulation and for the interpretation of old statutes to new and changing concepts. Still other changes result from the unique…

Michigan enacted the Right to Farm Act more than 30 years ago to protect farmers from lawsuits by neighboring property owners. The law was amended in 1999 to extend this protection to ordinance enforcement actions by local governments. Despite its long history and some general familiarity with the law, many details about the Right to…

Most Townships are familiar with the regulation of communications broadcast and cell towers and it is common for zoning ordinances to regulate the location, height and other aspects of those structures. Recently, however, we have noted that several Townships are attempting to apply similar regulations to the smaller towers typically installed on premises that are…

The laws that apply to townships are unique and not well understood by ordinary citizens and even most lawyers. These laws are also constantly developing, with new interpretations being handed down by the courts on a regular basis. Some of the most recent developments in this changing body of law are discussed below for the…

Fahey Schultz Burzych Rhodes PLC welcomes Michael J. Cole to the law firm to join the firm’s business practice, trained in franchising, intellectual property, liquor licensing, and general business law.  He becomes the 10th attorney at the Okemos law firm, which opened in 2008 and now serves a growing number of franchising and other businesses,…

The Bath Charter Township Board has voted unanimously to hire the Okemos law firm of Fahey Schultz Burzych Rhodes to serve as the Township’s legal counsel. The vote occurred at the Board’s July 15 regular meeting following its review of proposals from four area law firms. Bath Charter Township provides a wide range of public services to…

There are a great number of Michigan and federal anti‐discrimination laws that affect townships in their role as employers. Of course, the details of these laws fill volumes of legal treatises. This E-Letter highlights a few important points—and recent developments—for the benefit of township officials. Whistleblowers Protection Act Claims The Whistleblower statute has received a…

Michigan’s liquor licensing rules have changed significantly under the direction of a new Chairman of the Michigan Liquor Control Commission (“MLCC”). Reforming the liquor licensing system to create a more business-friendly regulatory scheme has also led to changes in the role townships play in liquor licensing. This E-Letter highlights the changing role of townships in the…

It is property tax time again! Your board of review just finished mulling over property owners’ annual filings last month, commercial and industrial appeals to the Tax Tribunal are due May 31, and agricultural and residential appeals to the Tribunal will be due July 31. Since our last update on property tax law, there have…

The National Association of College & University Foods Services has retained FSBR to serve as the Association's Legal Counsel.  Steve Schultz will serve as lead counsel to the Association along with Mark Burzych. The NACUFS membership consists of approximately 550 institutions of higher education from across the U.S. and Canada, and nearly 500 industry members…

Fahey Schultz Burzych Rhodes PLC welcomes Chris S. Patterson to the law firm to handle municipal and intellectual property matters.  He becomes the 10th attorney at the firm, which opened in 2008 and now serves more than 100 townships, cities, villages, counties, drain commissioners, and public libraries. Chris is a Michigan native from the Thumb…

Township Friends, The elections are finally over.  Welcome to (or back to) the Township Board! Make sure you and your new township board colleagues are ready to respond to township challenges by attending our free 1/2 day workshop on Wednesday, December 5, in Okemos. Fahey Schultz Burzych Rhodes PLC is holding this workshop for new…

Four members of Fahey Schultz Burzych Rhodes PLC have been selected for inclusion in the 2013 edition of the national publication, The Best Lawyers in America. The attorneys included are William K. Fahey, Land Use & Zoning Law, Energy Law, and Appellate Practice; Stephen O. Schultz, Employment Law – Management and Labor Law – Management;…

Mark Burzych, founding partner of Fahey Schultz Burzych Rhodes PLC, has been named to the Michigan Restaurant Association Board of Directors.

Recently, Steve Schultz addressed the Michigan Municipal Treasurers Association's annual Institute on the topic of Ethics in Local Government. The half-day session in Mount Pleasant on April 23, 2012, examined both the legal underpinnings of ethical conduct and the practical problems faced by municipal officials in dealing with unethical conduct. The session kicked off the…

Fahey Schultz Burzych Rhodes PLC proudly sponsors its fifth annual Lansing Economic Club Regionalism Forum on May 10, 2012, at the Kellogg Center in East Lansing. Panelists at the Forum will include Doug Rothwell, President & CEO, Business Leaders for Michigan; Eric Scorsone, Extension Specialist, State and Local Government Program, Michigan State University; and Carmen…

On May 24, 2012, Bill Fahey will speak to the American Public Works Association on Intergovernmental Collaboration, Cooperation and Consolidation. Local governments and agencies are finding new ways to cooperate with each other to stretch limited public funds and allow projects to be undertaken that would not be feasible for any single municipality. Fahey is…

Ross K. Bower II has been recognized as one of the “Top 5” attorneys under the age of 35 in Ingham County for 2012.  The award recipients were selected by the Board of Directors of the Ingham County Bar Association and recognized at the Association's Third Annual Barristers Night on March 22, 2012.  The Board…

The Township Law E-Letter, published monthly by Fahey Schultz Burzych Rhodes PLC, recently celebrated two significant milestones.  Edited by the firm's founding member, Bill Fahey, this publication has produced timely and essential legal information for Michigan township officials every month for the last four years.  Its circulation also now reaches more than 2,000 township officials….

Bill Fahey is co-author of the upcoming Michigan Municipal Law treatise chapter on Conflict and Cooperation Between Local Governments.  The chapter reflects Fahey's 35 years of experience representing municipalities in matters involving annexation, detachment, city incorporation, and intergovernmental cooperation. The new legal treatise will be the first of its kind to be published by the…

FSBR attorneys Ross Bower and Helen “Lizzie” Mills recently served as judges for the Mason High School Simulated Congressional Hearings.  During the hearings, the students gave presentations on the effect of colonial experiences on the Founders' views about rights and government and answered questions from the panel of judges.

On March 20, 2012, Steve Schultz will address the “Master Academy” of the Michigan Associaion of Municipal Clerks at its conference in Mt. Pleasant.  As part of a full-day seminar entitled “Consolidation and Collaboration of Public Services,” Steve will address the legal considerations that must be addressed in forming intergovernmental agreements to provide public services.

On February 14, 2012, Mark Burzych will facilitate a “Business Roundtable” at the International Franchise Association's Annual Convention in Orlando, Florida.  Mark will facilitate a discussion among franchisors and IFA suppliers on the topic of franchise laws and “Disclosure Issues Related to Promotional Franchise Sales Incentive Programs.”  The group will discuss business, legal, and regulatory…

FSBR attorney Ross Bower recently spoke at the “Property Tax Appeals” Sterling Education Services seminar in Southfield, Michigan.  Ross presented on the topic of Tribunal Trials to a group of brokers, real estate investors, property agents, and attorneys.  The specialized areas of tax and special assessment appeals have quickly become a large part of the…

FSBR lawyers Helen “Lizzie” Mills and Ross Bower recently served as judges for the Michigan Youth in Government competition at Cooley Law School.  Youth in Government is a program sponsored by the YMCA of Michigan for middle school students.  The students participated in the Contemporary Issues Forum, which includes a debate on a current issue….

Fahey Schultz Burzych Rhodes PLC has been ranked by the U.S. News – Best Law Firms as a First Tier firm in eight practice areas for 2011 – 2012.  The firm has been recognized for its expertise in Administrative/Regulatory Law, Appellate Practice, Employment Law – Management, Energy Law, Franchise Law, Government Releations Practice, Labor Law…

Mark J. Burzych, a founding partner of the Okemos-based law frim Fahey Schultz Burzych Rhodes PLC, has been selected to serve on the Office of Regulatory Reinvention's Liquor Control Advisory Rules Committee.  Mr. Burzych, along with the other appointed members of the committee, will assist the Office of Regulatory Reinvention in reviewing Michigan's liquor control…

Three members of the Okemos-based law firm of Fahey Schultz Burzych Rhodes PLC, have been selected for inclusion in the 2012 edition of the national publication, The Best Lawyers in America. The attorneys included are William K. Fahey, Administrative/Regulatory Law, Appellate Law, Energy Law, Land Use and Zoning Law and Litigation – Land Use and…

Best Laywers, the oldest and most respected peer-review publication in the legal profession, has named Stephen O. Schultz as the Lansing-area's 2012 “Lawyer of the Year” for the representation of Management in Employment Law. After more than a quarter of a century in publication, Best Laywers is designating “Lawyers of the Year” in high-profile legal…

Mark Burzych will present a seminar entitled “How to Design Your Brand For Franchise Success” to the Michigan Restaurant Association at the Michigan Restaurant Show on October 18, 2011 at 11:00 a.m. at the Suburban Collection Showplace in Novi, Michigan. Stephen Schultz will present a seminar entitled “An Industry Guide to Avoiding Costly Management Mistakes” to the…

Strategic Partner Analysis Download the full analysis Governor Snyder is expected to sign a new law that will limit public employer contributions to employee health insurance, effective January 1, 2012. This law will apply to all public libraries in the state. The “Publicly Funded Health Insurance Contribution Act” provides two mechanisms that limit employer contributions…

On August 18, 2011, FSBR attorney Steve Schultz, together with well known municipal consultant, Lew Bender, Ph.D., will facilitate a full-day workshop: “Consolidating Local Governmental Services: Effective Approaches and Strategies.”  The workshop will be held at the Comfort Inn Hotel & Conference Center in Mount Pleasant, Michigan and will cover a variety of topics related to…

Steve Schultz will be one of five speakers addressing the upcoming 2011 Fall Education Conference of the Michigan Association of Township Supervisors on October 19, 2011.  Steve will discuss the labor and employment implications of Service Consolidation among municipalities.  Following his presentation, he will also participate in the “Ask the Experts” portion of the Conference….

Ross Bower, who serves as President of the Young Lawyers Section of the Ingham County Bar Association, recently organized a Young Lawyer Training seminar held at Thomas M. Cooley Law School to offer guidance and mentoring to new lawyers. The event, which drew over 40 young lawyers from the mid-Michigan area, included presentations by several…

Recently, Steve Schultz was a featured speaker at the Michigan Association of Municipal Clerk's Basic Institute at the Comfort Inn in Mt. Pleasant. The Institute was attended by over 100 municipal clerks and deputies from around the state. Steve presented a half-day session on the Michigan Freedom of Information Act and the Open Meetings Act,…

FSBR attorney Ross Bower, President of the Ingham County Bar Association's Young Lawyers Section (YLS), led YLS in numerous community service activities this fall, including the annual Horn of Plenty drive and judging a mock congressional hearing for local public school students. The Horn of Plenty program involved collecting food, clothing, and monetary donations for…

FSBR attorneys Bill Fahey, Steve Schultz and Stacy Hissong are slated to present educational sessions at the Michigan Townships Association's annual conference in Grand Rapids on January 26 and 27, 2011. Bill, a founding member of FSBR, will be presenting on the topic of “Getting Your Agreement on Paper.” He will be explaining how townships…

Recently, FSBR attorney Ross Bower gave a presentation about the Freedom of Information Act (FOIA) to members of the Northwest District of the Michigan Association for County Drain Commissioners.  The event was attended by contractors, engineers, and attorneys, in addition to drain commissioners.  Ross's presentation focused on the basics of FOIA, compliance with FOIA, and…

OKEMOS AV-Rated Law Firm has an immediate opening for an Associate Attorney with 2-5 years experience to join a growing law practice. Position will focus on Trademark and copyright prosecution and litigation, Franchise, Corporate, Liquor Licensing and Administrative law. Qualified Candidates should have experience in trademark, copyright, corporate and business law and be members of…

Please join us at the Michigan Restaurant Show on October 19 and 20, 2010 at the Rock Financial Showplace in Novi, Michigan. Show Floor hours are 10:00 am – 5:00 pm on October 19 and 10:00 am – 4:00 pm on October 20. We will be in Booth 123. See www.michiganrestaurantshow.org We are also pleased…

Rhonda Mask, a Paralegal with the firm, has been named “Legal Professional of the Year” by the Lansing-area Chapter of the National Association of Legal Professionals (NALS). The award was announced at the Association’s Annual Awards Night and Installation of Officers Dinner on April 15. The award recognizes a legal professional from the Association who…

Bill Fahey will be giving Protecting Your Township Boundaries workshops for the MTA in April. Learn about city and village annexation techniques; annexation problems of charter townships; township defensive strategies against annexation and village-to-city incorporation; detachment of city territory; dissolution of villages; division of assets on incorporation, annexation or detachment; and how to use Acts…

Continuing the firm’s commitment to community service, attorney Ross Bower recently offered free consultations to Lansing-area residents as part of the Ingham County Bar Association and Legal Services of South Central Michigan’s “Ask the Lawyer” event. Mr. Bower provided pro bono advice during the event in the areas of land use and administrative law.

Fahey Schultz Burzych Rhodes is pleased to report that it now serves as legal counsel to Two Men and A Truck®/International. The firm will provide corporate, employment and general counsel advice to the company as needed. Two Men And A Truck is the nation’s largest franchised local moving company. Its home office is in Lansing,…

Matthew D. Drake has been recognized as one of the “Top 5” attorneys under the age of 35 in Ingham County for 2010. The award recipients were selected by the Board of Directors of the Ingham County Bar Association and recognized at the Association’s Barristers Night on April 22. The Board of Directors made its…

Bill Fahey will present two workshops on Friday, August 6, 2010, at the MTA’s UP Summit in Harris (near Escanaba), a first-ever Michigan Townships Association event. Hear Mr. Fahey explain “Township Contracts” (before lunch) and bring your questions to his session on “Ask the Experts” (after lunch). For more information on this MTA event, or…

FSBR attorney Ross Bower has been selected to serve as the President of the Young Lawyers Section of the Ingham County Bar Association for the 2010/2011 term. During the coming year, Ross will spearhead the Section’s “Horn of Plenty” clothing drive, educational programs for students in the mid-Michigan area, a judges’ “do’s and don’ts” roundtable…

Fahey Schultz Burzych Rhodes PLC welcomes Stacy L. Hissong to its Local Government Group. Ms. Hissong brings her recognized expertise in the representation of drain commissioners and other municipal authorities to Fahey Schultz’s growing municipal practice. Prior to joining Fahey Schultz, Ms. Hissong was a Shareholder with the Hubbard Law Firm in Lansing and later…

The Michigan Township Association’s Annual Conference in January, 2010 will feature four presentations by Bill Fahey and Steve Schultz. Steve Schultz will present two sessions to Conference attendees focusing on “Collective Bargaining Strategies in Tough Economic Times” and “Negotiating Employee Compensation and Benefits.” Bill Fahey will present two sessions on “Joint Service Contracts” and “Park…

Mark Burzych continues to be a featured author for the Michigan Restaurant Association’s bi-monthly magazine “Restaurateur”. The articles entitled “Ask the Experts” generally address issues related to franchise law.

Ross Bower participated in the Michigan State Police Traffic Safety Division’s Evidential Breath Test Training in Ann Arbor. He was the only attorney to receive breath test operator certification upon completion of the DataMaster (Breathalyzer) training. Ross is now a “Class II” operator. He also recently participated in a training session related to the “new”…

Fahey Schultz Burzych Rhodes PLC is again sponsoring the Lansing Economic Club’s Regionalism Forum for 2010. This encore of last year’s popular event will bring together the chief executives of Lansing, East Lansing, Meridian Township, Delhi Township, and Delta Township for an open discussion of the problems and opportunities facing the Greater Lansing Region and…

Mark J. Burzych has been appointed to the State Bar of Michigan’s Business Impact Committee. The Committee is part of the State Bar of Michigan’s Judicial Crossroads Task Force that will focus on the future of Michigan’s court system. Mr. Burzych, along with the other appointed committee members, will embark on a comprehensive review and…

The Michigan Public Service Institute annually brings together more than 100 Public Works Directors and other management staff from all over the state for an in-depth training session on a variety of topics relevant to the management of municipal public works departments. Steve Schultz recently spoke in Mt. Pleasant to the Institute’s 2009 attendees on…

Mark Burzych and Matthew Drake lead Fahey Schultz Burzych Rhodes PLC’s Trademark Practice Group, which specializes in trademark registration and enforcement. Federal trademark registration provides enhanced protection for trademarks and domain names. In addition, the firm’s four step enforcement process includes monitoring and due diligence, cease and desist correspondence, negotiated settlements, and, if necessary, litigation….