Revised
Statutes of 1846 (EXCERPT)
R.S. of 1846
Chapter
16
Chapter 16. Of the powers and duties of townships, the election and duties of
township officers, and the division of townships.
41.1 Repealed. 1989, Act 77, Imd. Eff. June 20, 1989.
Compiler’s note: The repealed section pertained to township boundaries.
41.1a Emergency financial manager; authority and responsibilities.
Sec. 1a. Notwithstanding any
provision of this act, if an emergency financial manager has been appointed
under the local government fiscal responsibility act, Act No. 101 of the Public
Acts of 1988, being sections 141.1101 to 141.1118 of the Michigan Compiled
Laws, with respect to a township governed by this act, then that emergency
financial manager may exercise the authority and responsibilities provided in
this act to the extent authorized by Act No. 101 of the Public Acts of 1988.
41.1b
Definitions.
Sec. 1b. As used in this act:
(a) “Officer” means a supervisor,
treasurer, clerk, or trustee.
(b) “Supervisor” means the supervisor
of a township elected under chapter XVI of the Michigan election law, Act No.
116 of the Public Acts of 1954, being sections 168.341 to 168.373 of the
Michigan Compiled Laws.
(c) “Township board” means the
township board of a township constituted as provided in section 70.
(d) “Clerk” means the clerk of a
township elected under chapter XVI of Act No. 116 of the Public Acts of 1954.
(e) “Treasurer” means the treasurer
of a township elected under chapter XVI of Act No. 116 of the Public Acts of
1954.
(f) “Trustee” means a trustee of a
township elected under chapter XVI of Act No. 116 of the Public Acts of 1954.
[ADD IN
DEFINITION OF ELECTOR??] (g) “Elector”
means (qualified elector—resident of township for 30 days? OR is “elector” a person who is otherwise a qualified
elector, but includes persons who have not yet been a resident for 30 days—so eligible to register to vote, but not yet eligible
to vote?)
Powers and Duties of Townships.
41.2 Inhabitants of organized township as body corporate; powers and duties
generally; acquisition of property for public purposes; suit, act, or
proceeding; supervisor as agent.
Sec. 2. (1) The inhabitants
of aAn organized township are is a
body corporatemunicipal
corporation and havehas, in addition to other powers that
are conferred, all of the following powers and duties:
(a) To sue and be sued and appoint necessary agents and attorneys for
that purpose.
(b) To make contracts necessary and
convenient for the exercise of their its corporate powers.
(2) In addition to other powers that
are conferred, the township board may investigate any matter that is under the
jurisdiction of the township and the authority vested in the township or an
officer under this act. The supervisor or the township board by majority consent
of the township board members serving may serve upon a person a subpoena that
has been authorized by a court of proper jurisdiction in the county in which
the township is situated compelling the person to appear before the board or a
committee of the board to be examined under oath or to produce a document or
object for inspection or copying. If a person objects to or otherwise fails to
comply with the subpoena served upon him or her, the supervisor or the township
board by majority consent of the township board members may file in that court
an action to enforce the notice. The court may issue an order requiring the
person to appear to be examined or to produce a document or object for
inspection or copying. Failure to obey the order of the court is punishable by
the court as a contempt.
(3) By resolution
of the township board, aA
majority of the members serving may acquire property for public purposes by
purchase, gift, condemnation, lease, construction, or otherwise and may convey
or lease that property or part of that property not needed for public purposes.
(4) A suit, act, or proceeding, by
or against a township, in its corporate capacity, shall be in the name of the
township. The supervisor of each township shall be the agent for his or her township
for the transaction of legal business, by whom a suit may be brought and
defended, and upon whom process against the
township shall be served, and who shall
see that all terms and conditions imposed in favor of the township or its
inhabitants in any public utility franchise, or in any contract, are faithfully
kept and performed [MCL
42.10(f)???].
41.3 Power to
grant and vote sums of money; purpose; creation of debt or liability.
Sec. 3. The inhabitants of a
township shall have the power, by a vote of the registered electors of the
township, to grant and vote sums of moneyapprove the levy of taxes on the real and personal
property within the township, not exceeding amounts limited by
law, that they consider necessary for defraying proper charges and expenses
arising in the township. The township board or a township officer shall not
create a debt or liability against the township, or issue a warrant,
certificate, or order for the payment of money, unless the creation of the debt
or liability or the payment of the money has beenis authorized by vote of the
registered electors of the township or by law.
41.4-41.7
Repealed. 1989, Act 77, Imd. Eff. June 20, 1989.
Compiler’s
note: The repealed sections pertained to power to make orders and
bylaws, and to regulation of conduct on bridges.
First Township Meeting of a Newly Organized
Township
41.20 First township
meeting; date.
Sec. 20. The first township
meeting of the electors after the organization of the township shall be held on
the Saturday immediately preceding the first Monday in April following the
organization.
41.21 First township
meeting; choosing moderator, clerk, and inspectors; oath; conduct of
proceedings.
Sec. 21. At the first
township meeting of the electors in any township, the registered electors
present, between the hours of 9 and 10 a.m., shall choose 1 of their number as
moderator, 1 of their number as clerk, and 2 others of their number as
inspectors, who shall take the oath of office prescribed by section 1 of
article XI of the state constitution of 1963, and shall conduct the proceedings
of the meeting in all respects as other township meetings of the electors are
required by law to be conducted.
Compiler’s note: In this section, “the twelfth article of the
constitution” refers to the Constitution of 1835. See now Const. 1963, Art. XI,
' 1.
41.22 First township
meeting; failure to hold; notice of subsequent meeting.
Sec. 22. If the electors of
a newly organized township fail to hold their first township meeting on the day
specified by section 20, any 3 electors of the township may call a meeting of
the electors of the township, for a township election, at any time thereafter,
by posting notices of the meeting in not less than 3 public places in the
township, at least 10 days prior to the holding of the meeting.
41.23 First township
meeting; oaths of office, administration.
Sec. 23. At such first
township meeting, the moderator shall administer the oath of office to the
other inspectors, and either of the other inspectors, after having been so
qualified, may administer the like oath to the moderator.
Township Meetings of the
Electors.
41.8 Annual meeting of electors of township; time and place; conducting
business at public meeting; public notice; transaction of business; resolution
or petition submitting question of reestablishment of annual meeting to
electors; signatures; abolition of annual meeting; township not required to
hold annual meeting; exception; exercise of powers.
Sec. 8. (1) Except as otherwise
provided in this section, an annual meeting of the electors of each township
shall be held on the last Saturday in the last month of each fiscal year, at
the time and place selected by the township board. However, the annual meeting
may be held on an alternate date if the alternate date is approved by a
majority of the township board and is in the last month of the township's fiscal
year.
Renumber: (5)(2) In a township other than a charter township, the
township board, by resolution, may, or on the filing of petitions signed by a
number of registered electors of the township equal to not less than 5% of the
electors who voted for township supervisor at the immediately preceding
township supervisor election of the township, shall, submit the question of the
reestablishment of the annual meeting of the electors to the electors of the
township at the next regular primary election or general election. The
resolution or petitions shall be filed with the township clerk not less than 70
days before the election at which the question is submitted. If a majority of
the electors of the township voting on the question votes to reestablish the annual
meeting of the electors, the annual meeting of the electors is reestablished
for that township, and the electors at the annual meeting shall reassume powers
conferred by statute. Once the annual meeting has been reestablished by a vote
of the people, the annual meeting may only be abolished by a resolution of the
township board submitting the question of the abolition of the annual meeting
to the electors of the township at the next regular primary or general
election.
Renumber: (6)(3) Except as provided in subsection (5), a township is
not required to hold an annual meeting of the electors of the township unless
the township board, by resolution, elects to hold an annual meeting.
Renumber: (2)(4)
The business performed at a meeting of the electors of a township shall be
conducted at a public meeting held in compliance with the open meetings act,
Act No. 267 of the Public Acts of 1976, as amended, being sections 15.261 to
15.275 of the Michigan Compiled Laws. Public notice of the time, date, and
place of the meeting shall be given by the township clerk in the manner
required by Act No. 267 of the Public Acts of 1976, as amended, [Budget Hearing
Act notice of Budget
Public Hearing—should be given by township board for BPH at board meeting,
not annual meeting]
and as provided
by section 2 of Act No. 43 of the Public Acts of the Second Extra Session of
1963, being section 141.412 of the Michigan Compiled Laws, except as provided
in subsection (3).
(3) In a
township having less than 200 registered electors, the township board may
provide that notice need not be given as provided in section 2 of Act No. 43 of
the Public Acts of the Second Extra Session of 1963, but shall be posted in 3
of the most public places of the township.
Renumber: (4)(5)
The electors meeting at the place designated shall transact lawful business by
majority voice vote.
(5) In a township other
than a charter township, the township board, by resolution, may, or on the
filing of petitions signed by a number of registered electors of the township
equal to not less than 5% of the electors who voted for township supervisor at
the immediately preceding township supervisor election of the township, shall,
submit the question of the reestablishment of the annual meeting of the
electors to the electors of the township at the next regular primary election
or general election. The resolution or petitions shall be filed with the
township clerk not less than 70 days before the election at which the question
is submitted. If a majority of the electors of the township voting on the
question votes to reestablish the annual meeting of the electors, the annual
meeting of the electors is reestablished for that township, and the electors at
the annual meeting shall reassume powers conferred by statute. Once the annual
meeting has been reestablished by a vote of the people, the annual meeting may
only be abolished by a resolution of the township board submitting the question
of the abolition of the annual meeting to the electors of the township at the
next regular primary or general election.
(6) Except as provided in
subsection (5), a township is not required to hold an annual meeting of the
electors of the township unless the township board, by resolution, elects to
hold an annual meeting.
New: (6) The electors at an annual meeting of the electors may:
(a) Alter the amount of salary fixed by the resolution
adopted by the township board for each of the
officers composing the township board at least 30
days prior to the annual meeting of the electors in compliance with [MCL 41.95].
(b) Add two
trustees in a township with a population of 5,000 or more or
3,000 registered voters in compliance with [MCL 168.358].
(7) In a township that does not hold
an annual meeting, powers that could have been exercised by the electors at an
annual meeting may be exercised by the township board.
41.9 Violation
of MCL 168.1 to 168.992 applicable to petitions; penalties.
Sec. 9. A petition under section 8
or 95, including the circulation and signing of the petition, is subject to
section 488 of the Michigan election law, 1954 PA 116, MCL 168.488. A person
who violates a provision of the Michigan election law, 1954 PA 116, MCL 168.1
to 168.992, applicable to a petition described in this section is subject to
the penalties prescribed for that violation in the Michigan election law, 1954
PA 116, MCL 168.1 to 168.992.
41.11 Repealed.
1954, Act 116, Eff. June 1, 1955.
Compiler’s note:
The repealed section provided for election and term of justices of peace.
41.13 Repealed. 1971, Act 43, Eff. Mar. 30, 1972.
Compiler’s
note: The repealed section pertained to terms of school
inspectors.
41.15 Repealed. 1989, Act 77, Imd. Eff. June 20, 1989.
Compiler’s
note: The repealed section pertained to filling vacancy in
office.
41.97 Moderator of township
meeting.
Sec. 97. The supervisor, if
present, shall be the moderator of an annual or special township meeting of the
electors, and if he or she is not present, the meeting, under the direction of
the township clerk, shall elect by voice vote, a moderator of the meeting.
However, the township clerk has the same powers and duties as the moderator
until a moderator is chosen.
41.98 Duties of moderator.
Sec. 98. The moderator of a
meeting of the electors shall preside in and regulate the proceedings of a
meeting of the electors. He or she shall decide all questions of order and make
public declaration of all votes passed, and if a vote so declared by him or her
shall immediately upon such declaration be questioned, he or she shall make the
vote certain by polling the voters, or dividing the meeting, unless the
township, by a previous vote or by its bylaws, has otherwise provided.
41.99 Permission required
to address meeting; request for silence.
Sec. 99. A person shall not
address a meeting of the electors until permission is obtained from the
moderator, nor while any other person is speaking. All persons at a meeting of
the electors shall be silent at the request of the moderator.
41.100 Repealed. 1977, Act
159, Imd. Eff. Nov. 8, 1977.
Compiler’s note: The repealed section pertained to disorderly conduct
at township meeting.
41.102 Right to vote;
challenge; ruling.
Sec. 102. An elector of the
township shall have a right to vote on all matters and questions before any
township meeting of the electors, and when any person claiming the right to
vote is challenged, the moderator shall rule on the challenged person's
qualifications as an elector.
41.16 Township meetings of the
electors; place.
Sec. 16. The annual and special
township meetings of the electors shall be held at the place stated in the act
or proceedings by which the township was organized or at another place
designated by the township board.
41.17, 41.18
Repealed. 1956, Act 105, Eff. Aug. 11, 1956.
Compiler’s
note: The repealed sections provided for adjournment of township
meetings and notice of place for adjourned meeting.
41.19 Township meetings of the
electors; adjournment.
Sec. 19. An annual or special
meeting of the electors may, by a majority voice vote
of the electors attending the meeting, be adjourned to another day,
and from time to time, for the purpose of transacting any proper lawful business of the township of a meeting
of the electors.
41.20 First township
meeting; date.
Sec. 20. The first
township meeting of the electors after the organization of the township shall
be held on the Saturday immediately preceding the first Monday in April
following the organization.
41.21 First township
meeting; choosing moderator, clerk, and inspectors; oath; conduct of
proceedings.
Sec. 21. At the first
township meeting of the electors in any township, the registered electors
present, between the hours of 9 and 10 a.m., shall choose 1 of their number as
moderator, 1 of their number as clerk, and 2 others of their number as
inspectors, who shall take the oath of office prescribed by section 1 of
article XI of the state constitution of 1963, and shall conduct the proceedings
of the meeting in all respects as other township meetings of the electors are
required by law to be conducted.
Compiler’s note: In this section, “the twelfth article of the
constitution” refers to the Constitution of 1835. See now Const. 1963, Art. XI,
' 1.
41.22 First township
meeting; failure to hold; notice of subsequent meeting.
Sec. 22. If the electors
of a newly organized township fail to hold their first township meeting on the
day specified by section 20, any 3 electors of the township may call a meeting
of the electors of the township, for a township election, at any time
thereafter, by posting notices of the meeting in not less than 3 public places
in the township, at least 10 days prior to the holding of the meeting.
41.23 First township
meeting; oaths of office, administration.
Sec. 23. At such first
township meeting, the moderator shall administer the oath of office to the
other inspectors, and either of the other inspectors, after having been so
qualified, may administer the like oath to the moderator.
41.24 Repealed.
1989, Act 77, Imd. Eff. June 20, 1989.
Compiler’s
note: The repealed section pertained to special township meetings
to fill vacancies.
41.25 Special
township meeting of the electors; purpose; order.
Sec. 25. A special township meeting
of the electors shall also be held for the purpose of transacting any other lawful
business of a meeting of the electors, if
ordered by the township board. The township board may order such a meeting on
its own initiative and shall order a meeting if they receive a request in
writing, signed by any 12 electors of the township or 1% of the registered
electors in the township, whichever is greater, specifying the purposes lawful business
for which the meeting is to be held. The manner of proceeding at a
special meeting of the electors shall be the same as at the annual meeting of
the electors.
41.26 Special
township meeting of the electors; contents of order;
order as part of minutes.
Sec. 26. An order for a special
township meeting of the electors pursuant to section 25 shall specify the
purpose [Change to “lawful business”?] for which it is to
be held, and the time and the place where it shall be held. If any
vacancies in office are to be filled at the special meeting, the order shall
state in what offices vacancies exist, how they occurred, and who were the last
incumbents. An order for a special township meeting of the
electors shall be part of the minutes of the township board proceedings.
41.27 Special
township meeting of the electors; time.
Sec. 27. The time appointed for
holding a special township meeting of the electors shall be not more than 20
nor less than 15 days from the time the township board orders the holding of a
special township meeting of the electors.
41.28 Special
township meeting of the electors; posting and
publishing copies of order.
Sec. 28. The township clerk, within
2 days after receiving an order for a special township meeting of the electors,
shall cause copies post copies of the order
in 3 of the most public places in the township, and if there is a newspaper
printed in the township, he or she shall also publish a copy of the order in
that newspaper, if practicable, at least 5 days before the day appointed for the
special township meeting of the electors.
Compiler’s note: In this section, the words “shall
cause copies post copies” evidently should read “shall post copies.”
41.29 Repealed.
1956, Act 105, Eff. Aug. 11, 1956.
Compiler’s
note: The repealed section provided that no notice of annual
township meetings shall be necessary.
Township
Officers. [Omit? Or do we have to leave in with the repealed
parts?]
41.46, 41.47
Repealed. 1954, Act 116, Eff. June 1, 1955.
Compiler’s
note: The repealed sections required township officers to file
oath of office, and clerk to give notice of election.
41.48-41.54 Repealed. 1974, Act 26, Imd. Eff. Feb. 26, 1974.
Compiler’s
note: The repealed sections pertained to justices of the peace.
41.55 Repealed.
1983, Act 40, Imd. Eff. May 12, 1983.
Compiler’s
note: The repealed section pertained to failure of township
officer to take and subscribe oath of office or to file bond or security.
Resignations, Vacancies and
Supplying and Vacancies.
41.56 Resignations of township officers.
Sec. 56. Resignations of all township officers shall be in writing,
signed by the officer resigning, and addressed to the township board and shall
be delivered to and filed by the township clerk. The resignation shall be
effective when accepted by the township board.
41.57 Township
office; events creating vacancy.
[Revise to
coordinate with 201.3, 168.368? (and incompatible offices statute?)] Sec.
57. Every township office shall become vacant upon the happening of any of the
events specified in section 3 of chapter 15 of the Revised Statutes of 1846,
being section 201.3 of the Michigan Compiled Laws, [and?] or sections 368 and 369 of the Michigan Election Law, being sections 168.368 and 168.369 of the Michigan
Compiled Laws, as creating a vacancy.
[Insert new section referencing statutes or spelling out how vacancies in township
office are filled? [MCLs 168.363,
168.370, 168.370a, and Chapter
XXXVI, Recall, of the Michigan Election Law (168.970-168.975)]
41.58
Disability of incumbent or incumbent's deputy; temporary appointment.
Sec. 58. If, because of disabilities, death, resignation or recall, both the incumbent in a township
office that appoints a deputy and the
incumbent's deputy are unable to perform the duties of their offices, the
township board may make a temporary appointment of a suitable person to
discharge the duties of the incumbent's office except for the
power of voting. The person so appointed shall take the oath of
office or give bond as required by law and shall continue to discharge such
duties until the office is filled by election or permanent appointment or until
the disability of the incumbent or the incumbent's deputy is removed.
41.59 Repealed.
1989, Act 77, Imd. Eff. June 20, 1989.
Compiler’s
note: The repealed section pertained to vacancies in office of
township treasurer.
Supervisor.
41.60 Repealed. 1989, Act 77, Imd. Eff. June 20, 1989.
Compiler’s note: The repealed section pertained to prosecution of
penalties and forfeitures by township supervisor.
41.61 Supervisor as chief assessor; additional assessors; certification;
depositing rolls with supervisor; supervisor as secretary of board of review;
deputy township supervisor.
Sec. 61. (1) If certified at
the required level for the
township, tThe
supervisor of each township is the chief assessor of the township. The township
board may provide for the appointment of additional assessors. If the
supervisor is not certified at the proper required level, the township board
shall provide for the appointment of properly certified assessors. The
assessors so appointed shall receive compensation allowed by the township
board. If assessors are appointed pursuant to this section, the supervisor
shall be the chief assessing officer and the assessors shall be subordinate to
the supervisor. Upon completion of the assessment and the making of the rolls,
the rolls shall be deposited with the supervisor. The supervisor shall be
secretary of the board of review.
(2) The township supervisor may
appoint a deputy township supervisor, who shall serve at the pleasure of the
supervisor. The deputy shall take an oath of office and file the oath with the
township clerk. In case of the absence, sickness, death, or other disability of
the supervisor, the deputy shall possess the powers and perform the duties of
the supervisor, except the deputy shall not have a vote on the township board or moderate the township board meetings.
The deputy shall be paid by salary or otherwise as the township board
determines appropriate. With the approval of the supervisor, the deputy may
assist the supervisor in the performance of the supervisor's duties at any
additional times agreed upon between the township board and the supervisor,
except the deputy shall not have a vote on the township board or moderate the township board meetings.
41.61a Township
appraisal and assessing; employment of
independent appraisal firm.
Sec. 61a. Any township board may
employ an independent appraisal firm to make a township-wide
appraisal or to assist the supervisor as directed and authorized by the board
in performing his assessing duties. Such appraisal firm
shall be paid out of the general fund of the township. [Note to “consider
adding to 41.75a”—see 41.75a]
41.62 Books,
assessment rolls, and other papers; preservation; delivery to successor in
office; availability to public.
Sec. 62. The supervisor shall
preserve and keep the books, assessment rolls, and other papers or records, including
electronic records, belonging to the supervisor's office in a safe
and suitable place, but not where the books, assessment rolls, and other papers or records will be exposed to an
unusual hazard from fire or theft. The supervisor shall deliver the books,
assessment rolls, and other papers or records
on demand to his or her successor in office in compliance
with section 491 of the michigan penal code, Act No. 328 of the Public Acts of 1931, being section 750.491 of the Michigan Compiled
Laws. [Include? A person who refuses to deliver up
such books, papers, records, or parts thereof to the proper officer having
charge of the office to which such books, papers, or records belong, upon
demand being made by such officer, shall be guilty of a misdemeanor, punishable
by imprisonment in the state prison not more than 2 years or by
a fine of not more than $1,000.00].
The books, assessment rolls, papers or records,
and any other writing prepared, owned, used, in the possession of, or retained
by the supervisor in the performance of an official function shall be made
available to the public in compliance with the freedom of information act, Act
No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the
Michigan Compiled Laws.
41.63-41.64a
Repealed. 1989, Act 77, Imd. Eff. June 20, 1989.
Compiler’s
note: The repealed sections pertained to attendance at meetings
by township supervisor, reports to township board, and township supervisor as
agent for legal township business.
41.64b Oaths; Statements to supervisor; oath.
Sec. 64b. The supervisor of a
township shall have the authority to administer oaths and
affirmations, and may place a person under oath on any of his or
her statements made to the supervisor in his or her official capacity as
supervisor.
Township Clerk.
41.65 Custody of records, books, and papers; preservation; delivery to
successor in office; accounts; accounting records; journals and ledgers.
Sec. 65. The township clerk of each
township shall have custody of all the records, books, and papers or records, including electronic records,
of the township, when no other provision for custody is made by law. The
township clerk shall file and safely keep all certificates of oaths and other
papers or records required by law to be filed
in his or her office, and shall record those items required by law to be
recorded. These records, books, and papers shall not be kept where they will be
exposed to an unusual hazard of fire or theft. The township clerk shall deliver
the records, books, and papers or records on
demand to his or her successor in office. in
compliance with section 491 of the michigan penal code, Act No. 328 of the
Public Acts of 1931, being section 750.491 of the Michigan Compiled Laws. [Include? A person who refuses to deliver up such books, papers,
records, or parts thereof to the proper officer having charge of the office to
which such books, papers, or records belong, upon demand being made by such
officer, shall be guilty of a misdemeanor, punishable by imprisonment in the
state prison not more than 2 years or by a fine of not more than $1,000.00]The
township clerk shall also open and keep an account with the treasurer of the
township, and shall charge the treasurer with all funds that come into the
treasurer's hands by virtue of his or her office, and shall credit him or her
with all money paid out by the treasurer on the order of the proper authorities
of the township, and shall enter the date and amount of all vouchers in a book
kept by the township clerk in the office. The township clerk shall also open
and keep a separate account with each fund belonging to the township, and shall
credit each fund with the amounts that properly belong to it, and shall charge
each fund with warrants drawn on the township treasurer and payable from that
fund. The township clerk shall be responsible for the detailed accounting
records of the township utilizing the uniform chart of accounts prescribed by
the state treasurer. The township clerk shall prepare and maintain the journals
and ledgers necessary to reflect the assets, liabilities, fund equitiesnet fund assets, revenues, and
expenditures for each fund of the township.
41.66 Book of
records; transcription of minutes of township meeting; entering order, direction,
or rule; availability of book and other writings to public.
Sec. 66. The township clerk shall
transcribe and compile, in the book of records minutes of
the township, the minutes of the proceedings of each township meeting held in
the township, and shall enter in the book, each order, direction, or rule made
by the township meeting. The book and any other writing prepared, owned, used,
in the possession of, or retained by the township clerk in the performance of
an official function shall be made available to the public in compliance with
Act No. 442 of the Public Acts of 1976.
41.67 Return to
county clerks of names and addresses of officers elected or appointed.
Sec. 67. The township clerk of each
township, and the city clerk of each city, shall, immediately after the qualifying of the
officers elected or appointed in their respective townships and cities, return
to the clerks of their respective counties the names and addresses of all such
officers.
41.68 Repealed.
1974, Act 26, Imd. Eff. Feb. 26, 1974.
Compiler’s
note: The repealed section pertained to notice of election of
justice of the peace.
41.69 Township clerk; bond; deputy.
Sec. 69. Each township clerk, within
the time limited for filing the oath of office and before entering upon the
duties of the office, shall give a bond to the township in the sum and with
sureties that the township board requires and approves, conditioned for the faithful
discharge of the duties of the office according to law, including the
safekeeping of the records, books, and papers of the township in the manner
required by law, and for their delivery on demand to the township clerk's
successor in office. The bond shall be filed in the office of the supervisor.
The township clerk shall appoint a deputy, who shall serve at the pleasure of
the clerk. The deputy shall take an oath of office and file the oath with the
clerk. In case of the absence, sickness, death, recall,
resignation, [Check to see
if other statutes need to be revised to enable deputies to continue after
resignation of officer] or
other disability of the clerk, the deputy shall possess the powers and perform
the duties of the clerk, except the deputy shall not have a vote on the
township board. The deputy shall be paid by salary or otherwise as the township
board determines. With the approval of the township clerk, the deputy may
assist the township clerk in the performance of the township clerk's duties at
any additional times agreed upon between the board and the clerk, except the
deputy shall not have a vote on the township board.
Treasurer.
41.76 Township treasurer; duties generally.
Sec. 76. The township
treasurer shall receive and take charge of money belonging to the township, or
that is by law required to be paid into the township treasury, and shall pay
over and account for the money, according to the order of the township board,
or the authorized officers of the township.
41.77 Township treasurer;
bond; deposit of funds; limitation as to assets; deputy; “financial
institution” defined.
Sec. 77. (1) A township
treasurer, within the time limited for filing the oath of office and before
entering upon the duties of the office, shall give a bond to the township in
the sum and with the sureties as the township board shall require and approve,
conditioned on the faithful discharge of the duties of the office and that the
treasurer will account for and pay over according to law, all money that comes
into the treasurer's hands as treasurer, and the supervisor shall eindorse
approval on the bond. The treasurer shall file, within the time above
mentioned, the bond with the township clerk of the township, who shall record
the bond in a book to be provided for that purpose. The township clerk, after
recording the bond, shall deliver it to the supervisor, who shall file it in
the supervisor's office.
(2) The township board of a
township may provide by resolution for the depositing of money coming into the
hands of the treasurer of the township, and the treasurer shall deposit the
money in the financial institution the township board may direct, subject to
this act. Interest that accrues upon the deposit shall be paid into the general fundvarious funds of the township in proportion
to the principal of each fund on deposit. The township board of a township shall determine in
the resolution the time for which the deposits shall be made and all details
for carrying into effect the authority given in this act, but proceedings in
connection with the deposit of money shall be conducted in a manner to ensure
full publicity and shall be open at all times to public inspection.
(3) If a financial
institution is provided as authorized in this act, and the funds are deposited
as directed, the treasurer of the township and the treasurer's bondsmen are
relieved of liability occasioned by the failure of the financial institution of
deposit or the sureties for the financial institution, or by the failure of
either of them to safely keep and repay the funds.
(4) Assets acceptable for
pledging to secure deposits of township funds are limited to any of the
following:
(a) Assets considered
acceptable to the state treasurer under section 3 of 1855 PA 105, MCL 21.143,
to secure deposits of state surplus funds.
(b) Any of the following:
(i) Securities issued by
the federal home loan mortgage corporation.
(ii) Securities issued by
the federal national mortgage association.
(iii) Securities issued by
the government national mortgage association.
(c) Other securities
considered acceptable to the township and the financial institution.
(5) The treasurer shall
appoint a deputy, who shall serve at the pleasure of the treasurer. The deputy
shall file an oath of office with the township clerk and shall give a bond to
the township as required by the township board. The deputy, in case of the
absence, sickness, death, recall,
resignation or other disability of the treasurer, shall possess the
powers and perform the duties of the treasurer, except the deputy shall not
have a vote on the township board. The deputy shall be paid as the township
board determines. With the approval of the township treasurer, the deputy may
assist the treasurer in the performance treasurer's duties at any additional times
agreed upon between the board and the treasurer, except the deputy shall not
have a vote on the township board.
(6) As used in this
section, “financial institution” means a state or nationally chartered bank or
a state or federally chartered savings and loan association, savings bank, or
credit union whose deposits are insured by an agency of the United States
government and which maintains a principal office or branch office located in
this state under the laws of this state or the United States.
41.78 Account of receipts and expenditures; book or electronic means;
delivery to successor in office; availability of documents to public.
Sec. 78. (1) At the expense
of the township, each township treasurer shall keep an accurate account of the
receipts and expenditures of township money in a book or by electronic means
which meets the uniform accounting requirements of the state treasurer. The
account shall reflect the amount of money belonging to each of the several
funds of the township and shall be delivered in a timely manner to the township
treasurer's successor in office.
(2) Any document prepared,
owned, used, in the possession of, or retained by the township treasurer in the
performance of an official function shall be available to the public in compliance
with the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
41.79 Repealed. 1972, Act
178, Eff. Mar. 30, 1973.
Compiler's note: The repealed section pertained to accounting by
treasurer.
Township Board.
41.70 Township
board; membership; quorum; adoption of section.
Sec. 70. The supervisor, 2 trustees,
the township treasurer, and the township clerk constitute the township board,
and any 3 of them constitute a quorum for the transaction of business at a
meeting of the township board. However, in townships having a population of
5,000 or more as determined by the last federal decennial census or having
3,000 or more registered electors, the supervisor, the township treasurer, the
township clerk, and 4 trustees, to be elected by the registered electors of the
township as provided in sections 358 and 362 of the Michigan election law, Act
No. 116 of the Public Acts of 1954, being sections 168.358 and 168.362 of the
Michigan Compiled Laws, constitute the township board, and any 4 of them
constitute a quorum for the transaction of business. The township clerk in such
a township shall be the clerk of the township board. However, this subsection
does not apply unless the electors of a township having a population of 5,000
or more, or having 3,000 or more registered electors, adopt the provisions of
this section by a majority vote at an annual or special township meeting of the
electors or adopted the provisions of this section before December 22, 1952.
Compiler’s note: Section 171.13, referred to in this
section, was repealed by Act 116 of 1954. See now ' 168.1 et seq.
41.71 Repealed. 1989, Act 77, Imd. Eff. June 20, 1989.
Compiler's note:
The repealed section pertained to raising quorum.
41.72 Fiscal year; commencement and termination; proportionate extension or
reduction.
Sec. 72. (1) The
fiscal year of a township may commence on:
(a)
July 1 of each year and end on the following June 30, or it may
commence on .
(b) April
1 of each year and end on the following March 31.
(c) January 1
of each year and end on the following December 31.
(2) If
a budget has been adopted, an audit performed, or other actions or proceedings
taken before July 1, based upon a fiscal year ending in March [Do we need to add: “or December”?],
the fiscal year shall be proportionately extended or reduced
to coincide with the fiscal year as provided in this section without impairment
of township functions, services, or activities.
41.72a Township
board; regular and special meetings; time and place; moderator; transaction of
business; publication of proceedings; adjusted amount.
Sec. 72a. (1) The township board
shall provide by resolution for the time and place of its regular meetings, and
shall hold not less than 1 regular meeting every 3 months. If a time set for a
regular meeting of the township board is a holiday, as designated by the
township board, the regular meeting shall be held at the same time and place on
the next secular day that is not a holiday.
(2) A special meeting of the
township board shall be held at a time fixed by the board at a meeting or when
the supervisor considers it necessary. Upon call written request of by the supervisor stating the
purpose of the meeting, the township clerk shall give notice of
the purpose, time and place of the meeting
to each member, either in person or by leaving a written notice at the member's
address. A special meeting of the township board shall be called by the
township clerk upon receiving a written request for the meeting stating the purpose of the meeting and signed
by a majority of the township board members.
(3) The supervisor, if present,
shall be the moderator of a regular or special meeting of the township board.
If the supervisor is not present, the township board, under the direction of
the township clerk, shall elect by voice vote a member of the township board as
a moderator of the meeting. The township clerk has the same powers and duties
as the moderator until a moderator is chosen.
(4) The township board shall not
transact business at a special meeting unless the business was stated in the public notice of the meeting posted pursuant to the open meetings act, and
delivered to each board member. However, if all the members of the
board are present at a special meeting, business that might lawfully come before
a regular meeting of the board may be transacted at the special meeting.
(5) Subject to subsection (6), if a
township has a taxable value, as calculated under section 27a of the general
property tax act, 1893 PA 206, MCL 211.27A, of $50,000,000.00 or more, the
township board, not more than 21 days after a meeting of the board, shall
publish the proceedings of the meeting in a newspaper of general circulation in
the township. The publication of a synopsis of the proceedings, prepared by the
township clerk and approved by the supervisor, showing the substance of each
separate proceeding of the board is a sufficient compliance with the
requirements of this subsection.
(6) The $50,000,000.00 amount
provided for in subsection (5) shall be adjusted as of January 1 of each year,
beginning January 1, 1998. The department of treasury shall determine on or
before December 1 of each year, beginning December 1, 1997, an adjusted amount
for the following year. The adjusted amount for each year shall be determined by
comparing the consumer price index for the 12-month period ending the preceding
October 31 with the corresponding consumer price index of 1 year earlier. The
percentage increase or decrease shall then be multiplied by the current
adjusted amount. The product shall be rounded up to the nearest multiple of
$1,000,000.00 and shall be the new adjusted amount. The department of treasury
shall provide the adjusted amount upon request. As used in this section,
“consumer price index” means the annual average percentage increase in the Detroit U.S. consumer
price index for all items as reported by the United States department of labor.
41.72b
Conducting business at public meeting; notice of meeting.
Sec. 72b. The business which the
township board may perform shall be conducted at a public meeting of the board
held in compliance with Act No. 267 of the Public Acts of 1976. Public notice
of the time, date, and place of the meeting shall be given in the manner required
by Act No. 267 of the Public Acts of 1976.
41.73, 41.74
Repealed. 1989, Act 77, Imd. Eff. June 20, 1989.
Compiler's note:
The repealed sections pertained to auditing accounts, preservation of records,
bond of township clerk, and township clerk as clerk of board.
41.75 Approval
and payment of claims against township; filing and preservation of accounts;
authorized payments.
Sec. 75. In addition to other
business matters that may be acted upon at a regular meeting of the township
board, the township board shall approve claims against the township and
authorize payment of allowed claims. Accounts approved by the township board
shall be filed and preserved by the township clerk. The payments authorized
shall be paid by the treasurer, on the order of the township board, signed by
the township clerk.
Compiler’s note: For transfer of functions relating
to energy policy from the Energy Administration, Department of Commerce, to the
Public Service Commission, Department of Commerce, see E.R.O. No. 1986-4, compiled
at MCL 460.901 of the Michigan Compiled Laws.
41.75a Township
manager and other employees; employment; duties; contractors.
Sec. 75a. (1) The
township board may employ a township manager and other employees as are
necessary. They shall serve at the pleasure of the township board and shall
perform duties lawfully directed by the township board, except those duties
that are delegated by law to another township official, unless consent has been
granted.
[Note in 41.61a said to
consider adding to 41.75a. Is this what
was meant?] (2) Any township board may contract with independent contractors and firms, including
attorneys, auditors, engineers, assessors, appraisers, and
other contractors, as necessary.
41.75b Energy
conservation improvements; payment; acquisition by contracts or notes;
requirements; reports; forms.
[Not sure why this section was highlighted] Sec.
75b. (1) A township board may provide for energy conservation improvements to
be made to township facilities and may pay for the improvements from operating
funds of the township or from the savings that result from the energy
conservation improvements. Energy conservation improvements may include, but
are not limited to, heating system improvements, fenestration improvements,
roof improvements, the installation of any insulation, the installation or
repair of heating or air conditioning controls, and entrance or exit way
closures.
(2)
The township board may acquire 1 or more of
the energy conservation improvements described in subsection (1) by installment
contract or may borrow money and issue notes for the purpose of securing funds
for the improvements or may enter into contracts in which the cost of the
energy conservation improvements is paid from a portion of the savings that result
from the energy conservation improvements. These contractual agreements may
provide that the cost of the energy conservation improvements are paid only if
the energy savings are sufficient to cover their cost. An installment contract
or notes issued pursuant to this subsection shall extend for a period of time
not to exceed 10 years. Notes issued pursuant to this subsection shall be full
faith and credit, tax limited obligations of the township, payable from tax
levies and the general fund as pledged by the township board. The notes are
subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to
141.2821. This subsection does not limit in any manner the borrowing or bonding
authority of a township as provided by law.
(3) If energy conservation
improvements are made as provided in this section, the township board shall
report the following information to the Michigan public service commission
within 60 days of the completion of the improvements:
(a) Name of each facility to which
an improvement is made and a description of the conservation improvement.
(b) Actual energy consumption during
the 12-month period before completion of the improvement.
(c) Project costs and expenditures.
(d) Estimated annual energy savings.
(4) If energy conservation improvements
are made as provided in this section, the township board shall report to the
Michigan public service commission, by July 1 of each of the 5 years after the
improvements are completed, only the actual annual energy consumption of each
facility to which improvements are made. The forms for the reports required by
this section shall be furnished by the Michigan public service commission.
Compiler’s note: For transfer of powers and duties
of the public service commission pertaining to energy conservation improvement
reports from the public service commission to the state treasurer, see E.R.O.
No. 1996-2, compiled at MCL 445.2001 of the Michigan Compiled Laws.
Treasurer.
41.76 Township treasurer; duties generally.
Sec. 76. The township
treasurer shall receive and take charge of money belonging to the township, or
that is by law required to be paid into the township treasury, and shall pay
over and account for the money, according to the order of the township board,
or the authorized officers of the township.
41.77 Township treasurer;
bond; deposit of funds; limitation as to assets; deputy; “financial
institution” defined.
Sec. 77. (1) A township
treasurer, within the time limited for filing the oath of office and before
entering upon the duties of the office, shall give a bond to the township in
the sum and with the sureties as the township board shall require and approve,
conditioned on the faithful discharge of the duties of the office and that the
treasurer will account for and pay over according to law, all money that comes
into the treasurer's hands as treasurer, and the supervisor shall indorse
approval on the bond. The treasurer shall file, within the time above
mentioned, the bond with the township clerk of the township, who shall record
the bond in a book to be provided for that purpose. The township clerk, after
recording the bond, shall deliver it to the supervisor, who shall file it in
the supervisor's office.
(2) The township board of
a township may provide by resolution for the depositing of money coming into
the hands of the treasurer of the township, and the treasurer shall deposit the
money in the financial institution the township board may direct, subject to
this act. Interest that accrues upon the deposit shall be paid into the general
fund of the township. The township board of a township shall determine in the
resolution the time for which the deposits shall be made and all details for
carrying into effect the authority given in this act, but proceedings in
connection with the deposit of money shall be conducted in a manner to ensure
full publicity and shall be open at all times to public inspection.
(3) If a financial
institution is provided as authorized in this act, and the funds are deposited
as directed, the treasurer of the township and the treasurer's bondsmen are
relieved of liability occasioned by the failure of the financial institution of
deposit or the sureties for the financial institution, or by the failure of
either of them to safely keep and repay the funds.
(4) Assets acceptable for
pledging to secure deposits of township funds are limited to any of the
following:
(a) Assets considered
acceptable to the state treasurer under section 3 of 1855 PA 105, MCL 21.143,
to secure deposits of state surplus funds.
(b) Any of the following:
(i) Securities issued by
the federal home loan mortgage corporation.
(ii) Securities issued by
the federal national mortgage association.
(iii) Securities issued
by the government national mortgage association.
(c) Other securities
considered acceptable to the township and the financial institution.
(5) The treasurer shall
appoint a deputy, who shall serve at the pleasure of the treasurer. The deputy
shall file an oath of office with the township clerk and shall give a bond to
the township as required by the township board. The deputy, in case of the
absence, sickness, death, or other disability of the treasurer, shall possess
the powers and perform the duties of the treasurer, except the deputy shall not
have a vote on the township board. The deputy shall be paid as the township
board determines. With the approval of the township treasurer, the deputy may
assist the treasurer in the performance treasurer's duties at any additional
times agreed upon between the board and the treasurer, except the deputy shall
not have a vote on the township board.
(6) As used in this
section, “financial institution” means a state or nationally chartered bank or
a state or federally chartered savings and loan association, savings bank, or
credit union whose deposits are insured by an agency of the United States
government and which maintains a principal office or branch office located in
this state under the laws of this state or the United States.
41.78 Account of receipts and expenditures; book or electronic means;
delivery to successor in office; availability of documents to public.
Sec. 78. (1) At the
expense of the township, each township treasurer shall keep an accurate account
of the receipts and expenditures of township money in a book or by electronic
means which meets the uniform accounting requirements of the state treasurer.
The account shall reflect the amount of money belonging to each of the several
funds of the township and shall be delivered in a timely manner to the township
treasurer's successor in office.
(2) Any document
prepared, owned, used, in the possession of, or retained by the township
treasurer in the performance of an official function shall be available to the
public in compliance with the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246.
41.79 Repealed. 1972, Act
178, Eff. Mar. 30, 1973.
Compiler's note: The repealed section pertained to accounting by
treasurer.
Constables.
41.80 Constables; bond required.
Sec. 80. Every person elected or
appointed to the office of constable, before taking office and within the time
prescribed by law for filing the official oath, shall execute, with sufficient
sureties to be approved by the township board, an instrument in writing by
which the constable and his or her sureties jointly and severally agree to pay
to each person who may be entitled money that the constable becomes liable to
pay on account of the neglect or default of the constable in the service or
return of process that may be delivered to him or her for service or collection
or on account of misfeasance of the constable in the discharge of, or failure of
the constable to faithfully perform, the duties of his or her office.
41.81
Constables; bond; filing; certified copy as evidence of contents and execution;
actions against constables or sureties upon bond.
Sec. 81. The bond required in
section 80 shall be filed in the office of the township clerk, and a copy of
the bond certified by the township clerk is presumptive evidence of the
contents and execution of the bond. Actions against a constable or his or her
sureties upon such a bond shall be commenced within 6 years after the
expiration of the year in which commenced the term of office during which the
neglect, default, misfeasance, or failure occurred.
41.82
Constables; service of warrants, notices, and process; duties; ordinance
restricting or limiting powers; compliance with minimum employment standards;
cost of compliance; appointment as district court officer.
Sec. 82. (1) Constables shall serve
all warrants, notices, and process lawfully directed to them by the township
board, or the township clerk, or another officer, and shall perform other
duties as are required of them by law. A township board, by ordinance, may
restrict or limit the powers of a township constable prescribed by state law.
If the township requires the constable to perform both statutory criminal and
civil duties, a person elected or appointed to the office of township constable
shall comply with the minimum employment standards established by the law
enforcement officer training council pursuant to section 9 of Act No. 203 of the
Public Acts of 1965, as amended, being section 28.609 of the Michigan Compiled
Laws. The cost of complying with these standards shall be borne by the
township.
(2) A township constable may be
appointed as a district court officer by the district court and may perform the
duties permitted pursuant to chapter 83 of Act No. 236 of the Public Acts of
1961, as amended, being sections 600.8301 to 600.8395 of the Michigan Compiled
Laws. The employment standards of subsection (1) shall not apply when a
township constable is appointed as a district court officer.
41.83
Constables; service of writ, process, or order.
Sec. 83. A constable may serve any
writ, process, or order lawfully directed to him or her in any township in his
or her county.
41.83a
Constable or police officers; right to pursue, arrest, and detain person
outside of township limits.
Sec. 83a. If a person has committed
a civil infraction violation under the Michigan vehicle code, Act No. 300 of
the Public Acts of 1949, being sections 257.1 to 257.923 of the Michigan
Compiled Laws, within a township, or has committed or is suspected of having
committed any crime within a township, or has escaped from any prison or jail
in that township, the constable or police officers of that township shall have the
same right to pursue, arrest, and detain the person outside of the township
limits as does the sheriff of the county.
41.83b Police
officer or constable; authority to execute bench warrant.
Sec. 83b. A police officer of a
township or, if authorized by the township board, a constable of a township has
the same authority within the township as a deputy sheriff to execute a bench
warrant for arrest issued by a court of record or a municipal court.
41.84
Constables; attendance at sessions of circuit courts; notice; payment.
Sec. 84. Constables shall attend the
sessions of the circuit courts for their respective counties when notified for
that purpose by the sheriff and paid by their respective counties.
Justices of the Peace.
41.90-41.94
Repealed. 1974, Act 26, Imd. Eff. Feb. 26, 1974.
Compensation to Township Officers.
41.95 Salary for officers composing township board; procedures.
[Not sure why all these sections in 41.95 are
highlighted. I’ve inserted the changes proposed by the 1998 memo] Sec.
95. (1) In a township that holds an annual meeting of the electors of the
township as provided in section 8, the officers composing the township board
are entitled to the salary as determined by resolution adopted by the township
board at least 30 days prior to the annual meeting of the township electors.
The resolution shall establish the effective date of the salary, which shall be
during the next fiscal year. The electors at the subsequent annual meeting of
the electors may alter the amount of salary fixed by the resolution. If the
electors fail to act on the salary resolution, the officers are entitled to the
salary set in the resolution. If the township board fails to adopt a salary
resolution for any office of the township board, the electors at the annual meeting may adjust the
authorized salary for any township board office. Nevertheless, the salary of an
office shall not be decreased during the officer’s current term of office.
(2)
A trustee may receive, in addition to the annual salary for his or her service
to the township, a sum for each meeting of the board actually
attended by the trustee, as established by the township board, to be paid upon
authorization of the township board. The supervisor, clerk, and treasurer shall
receive no additional compensation for attending meetings of the township
board. Members of the township board may be reimbursed for reasonable expenses
actually incurred on behalf of the township. An official appointed to fill a
vacancy of an elective township office shall be entitled to the same
compensation as that established for the official who previously held that
office. The salary of an elected township official or an official appointed to
fill a vacancy shall not be decreased during the official's term of office
unless the responsibilities and requirements of that office are diminished and
the official consents in writing to the reduction in salary. However, if a
township in setting a township supervisor's salary has designated a portion of
the supervisor's salary to be paid the supervisor for directly performing the
property tax assessing function within the township and the supervisor
subsequently fails to perform that function, the salary of the supervisor may
be reduced by that portion of the supervisor's salary designated for the direct
performance of the property tax assessment function. Nevertheless, that portion
of a supervisor's salary designated for nonassessment functions shall not be
decreased during the supervisor's term of office without the supervisor's
written consent.
(3) In a township that, pursuant to
section 8, does not hold an annual township meeting and in a charter township
created under Act No. 359 of the Public Acts of 1947, as amended, being sections
42.1 to 42.34 of the Michigan Compiled Laws, the salary for officers composing
the township board shall be determined by the township board. If a petition is
filed within 30 days after the township board votes the salary signed by 10% of
the qualified and registered electors of the
township requesting that the question be submitted to the electorate, the
township board shall call a special election and submit the question of salary
to the electors. Said election shall be held within 60 days of the
date the clerk certifies the petition. The vote upon the question
of approving the resolution shall be by a ballot which shall be in
substantially the following form:
“Vote on proposition of approving a
resolution of the township board providing a salary of .......... dollars, per
annum, to the ........................., in place of
all per diem charges for services.
Make a cross in the appropriate
square.
To approve the resolution. Yes [ ]
To approve the resolution. No [ ]”
If a majority of the electors voting
upon the resolution disapprove the resolution, then, effective on the date of
the certification of the election results by the board of canvassers, the
officer's salary shall revert to the salary for that office in effect before
the adoption of the resolution. If a majority of the electors voting upon the
resolution approve the resolution, the officer shall receive the salary set
forth in the resolution.
(4) In place of the procedures in
subsections (1), (2), and (3) for determining salaries of elected officials,
the township board may
by ordinance establish the procedure described in this
subsection. The ordinance shall provide as follows:
(a) A local officials compensation
commission is created. The commission shall determine the salary of each
township elected official. The commission shall consist of 5 members who are
registered electors of the township, appointed by the supervisor subject to
confirmation by a majority of the members elected and serving on the township
board. The terms of office shall be 5 years, except that of the members first
appointed, 1 each shall be appointed for terms of 1, 2, 3, 4, and 5 years. The
first members shall be appointed within 30 days after the effective date of the
ordinance. Subsequent members shall be appointed within 30 days after a term
expires or a vacancy occurs. Vacancies shall be filled for the remainder of an
unexpired term. An officer or employee of a government
agency or unitthe township
or member of the immediate family of an officer or employee of the township
shall not be appointed to the commission.
(b)
The commission shall determine the salary of each member of the township board,
which shall be effective at the beginning of the next fiscal year. The
determination of the commission shall be the salary unless the township board
by resolution adopted by 2/3 of the members elected to and serving on the board
rejects the determination. The determination of the commission shall be
effective 30 days following filing of the determination with the township clerk
unless rejected by the township board. If the determination is rejected, the
existing salary shall prevail. An expense allowance or reimbursement paid to
elected officials in addition to salary shall be for expenses incurred in the
course of township business and accounted for to the township.
(c)
The commission shall meet for not more than 15 session days in each odd
numbered year and shall make its determination within 45 calendar days of its
first meeting. A majority of the members of the
commission constitutes a quorum for conducting the business of the commission.
The business that the commission may perform shall be conducted at a public
meeting of the commission held in compliance with the open meetings act, Act
No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the
Michigan Compiled Laws. Public notice of the time, date, and place of the
meeting shall be given in the manner required by Act No. 267 of the Public Acts
of 1976. The commission shall not take action or make a determination without a
concurrence of a majority of the members appointed and serving on the
commission. The commission shall elect a chairperson from among its members. As
used in this section, “session days” means calendar days on which the
commission meets and a quorum is present. The members of the commission shall
not receive compensation, but shall be entitled to actual and necessary
expenses incurred in the performance of official duties.
(5) The township board may implement
the ordinance by
resolution including the date for convening the
commission.
(6) Not more than 60 days after the
effective date of the ordinance, a petition for a referendum on the ordinance
may be filed with the township clerk containing the signatures of not less than
5% of the registered electors of the township on the effective date of the
ordinance in which case the election shall be conducted in the same manner as
an election on a resolution under subsection (3). If a petition for referendum
is filed, a determination of the commission shall not be effective until the
ordinance has been approved by the electors.
(7) The salary of an elected
township official shall not be decreased during the official's term of office.
(8) The
ordinance creating the compensation commission may be
repealed by the township board, subject to the referendum provisions of
subsection (3).
Compiler's note: MCL 41.95 of Chapter 16 of the Revised Statutes of 1846
was amended by 1911 PA 260 to adopt a township compensation plan. The House of
Representatives added enacting section 2 to provide that "This act shall
not take effect until ratified by the electors of said township." The act
was approved May 1, 1911.
On September 8, 1911, the Attorney
General (p. 99, 1912 Attorney General Report) opined that the act could not
become effective because it provided no adequate machinery for its adoption.
Enacting section 2 was subsequently repealed by 1915 PA 248.
41.96 Township officers; extra servicesadditional duties, compensation.
Sec. 96. For services additional duties not otherwise
provided for by law, rendered to townships by township officers in the duties
of their respective offices, the township board shall audit and allow such
compensation as they shall deem reasonable.
Township Business, Other Than
Elections.
[Do we need a title here at all? Or should it be “Other Township Business”?]
41.97 Moderator of township meeting.
Sec. 97. The supervisor,
if present, shall be the moderator of an annual or special township meeting of
the electors, and if he or she is not present, the meeting, under the direction
of the township clerk, shall elect by voice vote, a moderator of the meeting.
However, the township clerk has the same powers and duties as the moderator
until a moderator is chosen.
41.98 Duties of
moderator.
Sec. 98. The moderator of
a meeting of the electors shall preside in and regulate the proceedings of a
meeting of the electors. He or she shall decide all questions of order and make
public declaration of all votes passed, and if a vote so declared by him or her
shall immediately upon such declaration be questioned, he or she shall make the
vote certain by polling the voters, or dividing the meeting, unless the
township, by a previous vote or by its bylaws, has otherwise provided.
41.99 Permission required
to address meeting; request for silence.
Sec. 99. A person shall
not address a meeting of the electors until permission is obtained from the
moderator, nor while any other person is speaking. All persons at a meeting of
the electors shall be silent at the request of the moderator.
41.100 Repealed. 1977,
Act 159, Imd. Eff. Nov. 8, 1977.
Compiler’s note: The repealed section pertained to disorderly conduct
at township meeting.
41.101 Exclusion of person from public meeting; refusal to withdraw as
misdemeanor; penalty.
Sec. 101. A person shall not be
excluded from a public meeting except for a breach of the peace actually
committed at the meeting. A person who refuses to withdraw from a public
meeting, on being ordered by the moderator to do so, is guilty of a misdemeanor
punishable by a fine not exceeding $50.00$500.00.
Qualifications
of Voters and Officers.
41.102 Right to vote; challenge; ruling.
Sec. 102. An elector of
the township shall have a right to vote on all matters and questions before any
township meeting of the electors, and when any person claiming the right to
vote is challenged, the moderator shall rule on the challenged person's
qualifications as an elector.
41.103 Polling
places.
Sec. 103. A township board may
provide polling places located within the limits of a city that has been
incorporated from territory formerly a part of the township, and the electors
of the township may cast their ballots at this polling place.
Compiler’s
note: Former MCL 41.103, which pertained to eligibility for
elective township office, was repealed by Act 19 of 1972, Imd. Eff. Feb. 19,
1972.
41.104 Limits and boundary lines of organized township; division of lands
into 2 or more townships; agreement as dispositive of lands and apportionment
of proceeds; annexation; sale and conveyance of lands; apportionment of
proceeds.
Sec. 104. (1)
The limits and boundary lines of every organized township in existence on the
effective date of the amendatory act that added this section shall remain as
established until otherwise provided by law.
(2) If, as
provided by law, lands owned by a township are divided into 2 or more
townships, the township boards of the townships constituted by the division
shall jointly meet as soon as possible after the first township meetings of the
electors held in each of the townships. At the meeting, the township boards may
make an agreement concerning the disposition of township lands and the
apportionment of the proceeds of a sale of those lands, as they think
equitable, and take measures, and execute conveyances necessary to implement
the agreement.
(3) If a
township's boundary is altered by annexing a part of its territory to 1 or more
townships, the township board of the township from which the territory is to be
taken and the township board of the township or townships to which the
territory is to be annexed shall jointly meet as soon as possible after the
annexation and shall possess the powers provided in subsection (2).
(4) If an agreement
for the disposition of lands altered pursuant to this section is not made by
the township boards within 6 months after the alteration or division, the
township board of each township in which any portion of these lands are located
shall proceed as soon as possible to sell and convey the part of the lands that
are located within the limits of that township. The proceeds arising from this
sale shall be apportioned between the several townships by the township boards
of all of these townships, according to the amount of taxable property in the
township divided or altered, as it existed immediately before the division or
alteration, to be ascertained by the last assessment roll of the township.
41.105 Apportionment of money, rights, credits, and
other personal estate.
Sec. 105. If a
township possessed of or entitled to money, rights, credits, or other personal
estate is divided or altered, the money, rights, credits, and other personal
estate, shall be apportioned between the interested townships by the township
boards of these townships according to the rule of apportionment above
prescribed. The township boards of these townships shall jointly meet for that
purpose as soon as possible after each township holds its first subsequent
township meeting.
41.106 Meeting of township boards; notice;
compliance with open meetings act.
Sec. 106. If a
meeting of the township boards of 2 or more townships is required pursuant to
sections 104 to 109 of this chapter, a meeting may be called by any of the
supervisors, but the supervisor calling the meeting shall give in writing to
all the other officers at least 6 days' notice of the time and place at which
the meeting is to be held. The meeting shall be held in compliance with the
open meetings act, Act No. 267 of the Public Acts of 1976, being sections
15.261 to 15.275 of the Michigan Compiled Laws.
41.107 Cemeteries.
Sec. 107. Sections
104 to 106 of this chapter shall not apply to a cemetery belonging to a
township. Such a cemetery shall belong to the township within which it is
situated after a division is made.
41.108 Apportionment of debts.
Sec. 108. Debts
of a township divided or altered as provided in this chapter shall be
apportioned in the same manner as the personal property of the township. After
the apportionment of the debts, each township shall be charged with and pay its
share of the debts, according to the apportionment.
41.109 Liability in action for accounting and
settlement; applicable law.
Sec. 109. If
the township board or boards of any townships, or the proper board of officers
of any village or city, neglect or refuse to meet as provided in this chapter,
or having met refuse or neglect to arrive at a settlement of the matters of in
difference between them, as provided in this chapter, the township, city, or
village whose board refuses or neglects to settle the matters of difference
shall be liable in an action for an accounting and settlement in the same
manner as is provided for conflicts between individuals or private
corporations. The provisions of sections 104 to 109 relative to settlements
between townships regarding divisions shall be applicable to villages and
cities, so far as those provisions may be applied.
Compiler's note: In this section, the phrase “of the matters of in
difference” evidently should read “of the matters of difference.”
41.110 Transfer of unexpended balance in nonrestricted township fund to
general fund of township.
Sec. 110. (1) The township board
may, by resolution, transfer the unexpended balance in a nonrestricted township
fund to the general fund of the township after provision has been made for the
payment of unpaid warrants or orders drawn on the nonrestricted fund and for
claims and accounts then existing which, when audited and allowed, would be
payable out of that fund.
(2) If a transfer of funds is
authorized pursuant to subsection (1), the treasurer and clerk of
the township shall provide for the transfer of funds when and as authorized by
the township board.
(3) A township board shall not
transfer the unexpended balance of any township fund under this section if
unpaid bonds payable from the fund are outstanding.
41.110a Uniform
chart of accounts and reports; annual financial reports and audits.
Sec. 110a. The township board of a
township shall establish a uniform chart of accounts and reports and provide
annual financial reports and audits in accordance with the uniform budgeting
and accounting act, Act No. 2 of the Public Acts of 1968, being sections
141.421 to 141.440a of the Michigan Compiled Laws.
41.110b
Retirement system; insurance; deduction of premium or charge; automatic
insurance or coverage; notice of desire not to be insured or covered; validity
of prior programs, insurance, or coverage; authority cumulative; exercise of
powers by ordinance.
Sec. 110b. (1) A township may do all any of
the following:
(a) Establish a retirement system
for its employees and provide for financing, funding, and the payment of
benefits in the same manner and to the same extent as permitted counties under
section 12a of 1851 PA 156, MCL 46.12A, or make contracts of insurance with an
insurance company authorized to transact business within this state.
Renumber: (b)(e)
Offer any other employment benefit authorized by
state or federal law.
(b)(c) Make arrangements with a
prepayment plan authorized to transact business within the state, insuring and
covering 1 or more of the following under policies of group insurance or
prepayment plan contracts, or both, covering life, accident, dental care,
vision care, health, hospitalization, long-term care,
and medical and surgical service and expense insurance:
(i) Elected or appointed township
officers and employees, and dependents of those officers or those employees.
(ii) Any classes of elected or
appointed township officers and employees, and dependents of those officers or
those employees.
(iii) Any classes of retired
township officers and employees, and dependents of those officers or those
employees.
(c)(d) Establish a cafeteria plan
authorized under section 125 of the internal revenue code of 1986 for its
elected or appointed officers and employees, any classes of elected or
appointed officers and employees, and dependents of those officers and those
employees. As used in this subdivision, “cafeteria plan” means that term as
defined in section 125 of the internal revenue code of 1986.
(d)(e) Contract with a company that
grants annuities or pensions for the pensioning of the officers and employees
and for these purposes pay any part of the premiums or charges for insurance,
prepayment plan coverage, annuities, or pensions.
(e) Offer any other
employment benefit authorized by state or federal law.
(2) Notwithstanding any other
provision of law, the proper disbursing officer of the township may deduct from
an officer's or employee's pay, salary, or compensation that part of the
premium or charge that is payable by the officer or employee.
(3) A contract of insurance or
arrangement for prepayment plan coverage procured under this section may
provide that each elected or appointed officer or employee becoming eligible
for insurance or coverage becomes insured or covered automatically when he or
she becomes eligible, subject to any actively-at-work requirements or effective
retirement dates specified in the contract or arrangement. If the insurance or
coverage under the contract or arrangement requires contributions from the
individual, any individual desiring not to be insured or covered under the
contract or arrangement shall give written notice to his or her employing
office that he or she desires not to be insured or covered, and if the notice
is received before the individual has become insured or covered under the
contract or arrangement, he or she shall not be insured or covered. If the
notice is received after the individual has become insured or covered, his or
her insurance or coverage under the contract or arrangement shall cease as
provided for in the contract or arrangement.
(4) This section does not affect the
validity of a retirement program or contract of group insurance or arrangement
for prepayment plan coverage entered into by the township before June 20, 1989.
(5) The authority given under this
section is in addition to and not in derogation of any power existing in the
township under the laws of this state. A township may
exercise the powers granted under this section by ordinance without the
necessity of amending its charterA township
exercising authority under this section shall do so by ordinance.
41.110c
Appropriations and expenditures; purposes.
Sec. 110c. The township board may
appropriate money or expend funds for all of the following purposes:
(a) To advertise the agricultural,
industrial, commercial, educational, or recreational advantages of the state,
county, or township.
(b) To collect, prepare, or maintain
an exhibition of the products and industries of the township at any domestic or
foreign exposition to encourage immigration and increase the trade in the
products of this state or the township.
(c) To advertise this state or any
portion of this state to tourists and resorters.
(d) To maintain and circulate a
publication to disseminate information regarding township improvements,
activities, and functions.
History: Add. 1989, Act 77, Imd. Eff. June 20, 1989
Division.
41.104 Limits and boundary lines of organized township; division of lands
into 2 or more townships; agreement as dispositive of lands and apportionment
of proceeds; annexation; sale and conveyance of lands; apportionment of
proceeds.
Sec. 104. (1)
The limits and boundary lines of every organized township in existence on the
effective date of the amendatory act that added this section shall remain as
established until otherwise provided by law.
(2) If, as
provided by law, lands owned by a township are divided into 2 or more
townships, the township boards of the townships constituted by the division
shall jointly meet as soon as possible after the first township meetings of the
electors held in each of the townships. At the meeting, the township boards may
make an agreement concerning the disposition of township lands and the
apportionment of the proceeds of a sale of those lands, as they think
equitable, and take measures, and execute conveyances necessary to implement the
agreement.
(3) If a
township's boundary is altered by annexing a part of its territory to 1 or more
townships, the township board of the township from which the territory is to be
taken and the township board of the township or townships to which the territory
is to be annexed shall jointly meet as soon as possible after the annexation
and shall possess the powers provided in subsection (2).
(4) If an
agreement for the disposition of lands altered pursuant to this section is not
made by the township boards within 6 months after the alteration or division,
the township board of each township in which any portion of these lands are
located shall proceed as soon as possible to sell and convey the part of the
lands that are located within the limits of that township. The proceeds arising
from this sale shall be apportioned between the several townships by the
township boards of all of these townships, according to the amount of taxable
property in the township divided or altered, as it existed immediately before the
division or alteration, to be ascertained by the last assessment roll of the
township.
41.105 Apportionment of money, rights, credits, and
other personal estate.
Sec. 105. If a
township possessed of or entitled to money, rights, credits, or other personal
estate is divided or altered, the money, rights, credits, and other personal
estate, shall be apportioned between the interested townships by the township
boards of these townships according to the rule of apportionment above
prescribed. The township boards of these townships shall jointly meet for that
purpose as soon as possible after each township holds its first subsequent
township meeting.
41.106 Meeting of township boards; notice;
compliance with open meetings act.
Sec. 106. If a
meeting of the township boards of 2 or more townships is required pursuant to
sections 104 to 109 of this chapter, a meeting may be called by any of the
supervisors, but the supervisor calling the meeting shall give in writing to
all the other officers at least 6 days' notice of the time and place at which
the meeting is to be held. The meeting shall be held in compliance with the
open meetings act, Act No. 267 of the Public Acts of 1976, being sections
15.261 to 15.275 of the Michigan Compiled Laws.
41.107 Cemeteries.
Sec. 107. Sections
104 to 106 of this chapter shall not apply to a cemetery belonging to a
township. Such a cemetery shall belong to the township within which it is
situated after a division is made.
41.108 Apportionment of debts.
Sec. 108. Debts
of a township divided or altered as provided in this chapter shall be
apportioned in the same manner as the personal property of the township. After
the apportionment of the debts, each township shall be charged with and pay its
share of the debts, according to the apportionment.
41.109 Liability in action for accounting and
settlement; applicable law.
Sec. 109. If
the township board or boards of any townships, or the proper board of officers
of any village or city, neglect or refuse to meet as provided in this chapter,
or having met refuse or neglect to arrive at a settlement of the matters of in
difference between them, as provided in this chapter, the township, city, or
village whose board refuses or neglects to settle the matters of difference shall
be liable in an action for an accounting and settlement in the same manner as
is provided for conflicts between individuals or private corporations. The
provisions of sections 104 to 109 relative to settlements between townships
regarding divisions shall be applicable to villages and cities, so far as those
provisions may be applied.
Compiler's note: In this section, the phrase “of the matters of in
difference” evidently should read “of the matters of difference.”
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Rendered
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Michigan
Compiled Laws Complete Through PA 270 of 2008 |