Can a township employer withhold a final paycheck until the former employee returns all township property in their possession?

No. Michigan employers may not withhold a paycheck even if an employee (or former employee) has retained the employer’s property. The paycheck is due according to the regular payroll practices of the employer. While your township may be able to take legal action to recover its property, failure to pay wages is not one of…

Townships of all sizes rely on workers to carry out basic governmental functions and keep the township running smoothly. Although larger townships may be able to fill out a full roster of township employees and officials on a full-time basis, most Michigan townships rely on a mix of workers, some full time and some less…

A Township can only enter into such a sales contract if the property is no longer being used for a public purpose. Michigan courts have defined “public purpose” to mean something that “has for its objective the promotion of the public health, safety, morals, general welfare, security, prosperity, and contentment of all the inhabitants within…

From purchasing office supplies to selecting a contractor to renovate the Township Hall, townships enter into contracts in some shape or form multiple times per year. Most of these transactions go smoothly. However, what happens when things do not go as planned? With appropriate review and thoroughness when entering into a contract, any issues or…

Litigation is almost always stressful, costly, and time-consuming. Most townships seek to avoid litigation where possible, but in some instances it is unavoidable. If your township is served with a lawsuit, it is important to have a plan and to take the appropriate steps in response, as failing to do so can have serious ramifications…

Generally, yes; however, this may depend on the specific preference of the district court. It is a good idea to call and ask the district court prior to filing a ticket whether they want different ordinance violations on separate tickets. 

Municipalities and their residents want to ensure that ordinances are enforced to promote the general welfare of the community. The process of prosecuting most ordinance violations in court involves civil infraction citations and is statutorily provided for in the Revised Judicature Act, Chapter 87. In this month’s E-Letter, we present ten tips for code enforcement…

In this month’s E-Letter, we will consider the relevance of Robert’s Rules of Order in the context of your Township’s meeting procedures. This E-letter will discuss the scope of Robert’s Rules, and the various types of rules that are addressed. It will further explore that Robert’s Rules is non-binding on Townships, and only those Townships…

Employees should not be subject to discipline or termination for filing a complaint in good faith. In other words, if the employee had a legitimate belief that discrimination or harassment occurred, they should not be retaliated against even if their complaint is not substantiated in an investigation. If the employer has overwhelming evidence that an…

Municipalities have a clear statutory duty to respond to Freedom of Information Act (“FOIA”) requests related to public records concerning the administration of an election. By appropriately responding to such requests, municipalities can build trust between their residents and local government leaders while avoiding unnecessary litigation. This E-Letter specifically explores election-related FOIA requests by discussing…

Yes! Many townships consider the Zoning Board of Appeals to primarily handle variances. Variances are an individual’s request to ask for flexibility in the township’s strict application of the zoning ordinance so that a certain use can commence or structure can be constructed that would otherwise violate the zoning ordinance. A ZBA’s sole purpose, however,…

Many townships have adopted municipal civil infractions ordinances to provide for the streamlined enforcement of township ordinances in district court. However, even with this simplified process, enforcement can be an uphill battle. This E-Letter explores a few lesser-known tips and strategies that can save time and money while still getting results. A Quick Primer on…

The RTFA will only preclude enforcement against the animal or equipment in question if several factors are met, and it is unlikely that these factors would be met in a residential neighborhood. The Right to Farm Act’s (“RTFA”) protections only attach if a supposed “farm” meets the following requirements: qualifies as a “farming operation;” is…

Every year Michigan courts decide cases involving zoning and planning. 2020 was no different with several interesting cases deciding important zoning and planning concepts. Not all of these decisions created new law, but highlight important zoning and planning concepts that Townships deal with daily. This month’s E-Letter specifically highlights zoning and planning decisions related to…

“Short-term rentals” (“STRs”) generally refer to houses offered for temporary rental occupation, often facilitated by websites such as Airbnb, HomeAway and VRBO. The issue has gained significance in many communities, creating a hotly debated discussion over whether these uses are already allowed throughout various residential districts, and, if they are not allowed, whether a township…

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…

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…

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…

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…

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…

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…

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…

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…

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….

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…

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…

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…

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,…

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…

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…

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…