Additional Non-Statutory Duties of Elected Officials

Q. Can a township board member be hired to work as a township employee?

Yes, Michigan law allows township boards to assign additional, non-statutory duties to township board members and to authorize payment for those services, as the township board deems reasonable. (MCL 41.96) 

The Incompatible Public Offices Act, Public Act 566 of 1978 (MCL 15.181, et seq.), states that a public officer shall not hold two or more incompatible offices at the same time. (MCL 15.182)

“Incompatible offices” are public offices held by a public official that, when the official is performing the duties of any of the public offices held by the official, result in: 1) the subordination of one public officer to another; 2) the supervision of one public office by another; or 3) a breach of duty of public office. (MCL 15.181(b))

Since the township board is the employer, any employment position with the township would result in that position being subordinate to and under the supervision of the township board.  

The Contracts of Public Servants with Public Entities Act, PA 317 of 1968 (MCL 15.321, et seq.), prohibits, among other things, a public servant from being a party, directly or indirectly, to any contract between himself or herself and the public entity of which he or she is an officer. (MCL 15.322(1))   

But Public Act 9 of 1992 amended the Contracts of Public Servants with Public Entities Act, and PA 10 of 1992 amended the Incompatible Public Offices Act so that, in a township with a population of less than 25,000, the township board may authorize a township official to perform additional services for the township that would otherwise be incompatible, or to serve as emergency medical services personnel, or part-time or on-call firefighter.

However, a township official in a township under 25,000 in population still cannot serve as: 1) fire chief, 2) a full-time firefighter or 3) as a person who negotiates with the township on behalf of the firefighters. 

Note that townships with a population of 25,000 or more—there are 25 as of the 2000 Census—cannot assign to a township board member additional duties that would result in an incompatible office.

A township board is never required to give additional duties to a board member, and a township board may feel it is inappropriate to do so.  

A township board member is not prohibited from voting to assign him- or herself additional duties or to establish the compensation for the additional duties (Burton Township v Speck, 1 Mich. App. 339, 1965). But a board member seeking additional duties may want to evaluate the appropriateness of voting on the question.

Note that, in a charter township, a board member may abstain only if the other members present unanimously vote to allow him or her to abstain. (MCL 42.7) 

Q. How is a township board member compensated for these additional services?

A township supervisor, clerk or treasurer may only be compensated for the statutory duties of his or her office through the salary of that office. The trustee position may be compensated by salary, by per diem or per meeting payments, or by a combination of salary and per diem/per meeting payments.

PAs 9 and 10 both state that a township official may serve as a township employee with or without compensation; no statute requires that a township official be compensated for additional services. However, because additional services must, by definition, be outside the statutory duties of an official’s office, the salary of the office does not cover those additional services.

A township board may authorize a township official to be compensated for performing additional services. The additional services should be specified by the board in a job description, and the compensation should be established and authorized before the additional duties are performed.  

For example, if a township board votes to authorize a trustee to perform the additional service of managing the transfer station:  

1) The salary of the office of trustee must be a fixed amount, and both (or all four) trustees must be paid the same salary (in a township where the trustees are paid by salary). The trustee salary cannot differ from one trustee to another based on years of service, merit, etc. The salary cannot be decreased during the four-year term of office. If the township board establishes the board salaries, the salary resolution is subject to petition for referendum. If the township holds an annual meeting, the trustee salary is subject to annual meeting approval. If the township has a salary compensation commission, the trustee salary is subject to the commission’s determination. 

2) The compensation of the transfer station manager may be a salary or an hourly wage. It may be adjusted by the township board to reflect pay increases or decreases, years of service, bonuses, merit increases, or number of hours worked. The compensation for additional duties given to a township board member is not subject to annual meeting or salary compensation commission approval. It is not subject to referendum. If the township board member leaves office, he or she loses the additional duties and is not eligible for unemployment insurance for those duties (because they are additional duties of an elective office), although the township board could subsequently hire (or rehire; see below) the individual for the job. 

Q. I am a township employee. Can I run for a township board position?

Yes, as long as you are eligible to hold office in the township, you may run for a township board position.  

Note that the Michigan Political Activities by Public Employees Act, Public Act 169 of 1976 (MCL 15.401, et seq.), governs how township employees may be involved in political activities. Unless contrary to a collective bargaining agreement, the township board may require a candidate for township office to take a leave of absence without pay when the candidate files or 60 days before the election, whichever is closer to the election. (MCL 15.403)  

Once the election is certified and before you take the oath of office, however, you must either resign (a letter of resignation is recommended) or take a leave of absence (if that option is available in your township) from your employment with the township.

The board may then vote to authorize you to perform the additional service of your original job description or other job. But the key word is “may.” The board is under no obligation to give you additional duties. Especially with the start of a new term, the composition of the township board may change, and some boards do not believe it is appropriate for board members to also work for the township.  

On a personal note, consider the fact that township board office is an elective office and a position of public trust and service—as one township clerk has remarked, after all, it’s on the same ballot as the president of the United States! Being a local legislator is a significant undertaking, so take a moment to evaluate whether you can adequately represent your community as a whole while also working for the township.