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Supervisor
General Law Township
Core Competencies
In addition to the duties required by law, a township supervisor will benefit from developing skills and knowledge in several core areas:
Township Supervisor Core Competencies (.pdf)
What is extent of a supervisor’s authority as legal agent for the township?
MCL 41.2(4) provides that:
“(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.”
The supervisor’s position as legal agent for the township is a statutory duty of the supervisor.
The supervisor does not, however, have unfettered authority to do as he or she desires. The supervisor must exercise this agent’s authority in a manner consistent with township board decisions regarding legal business.
Charter Township
In addition to the duties listed above for a general law supervisor, a charter township supervisor has any or all of the duties listed in MCL 42.10 that are not delegated to a board-appointed superintendent:
(a) To see that all laws and township ordinances are enforced;
(b) To manage and supervise all public improvements, works, and undertakings of the township;
(c) To have charge of the construction, repair, maintenance, lighting and cleaning of streets, sidewalks, bridges, pavements, sewers, and of all the public buildings or other property belonging to the township;
(d) To manage and supervise the operation of all township utilities;
(e) To be responsible for the preservation of property, tools, and appliances of the township;
(f) To 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;
(g) To attend all meetings of the township board;
(h) To be a member, ex officio, of all committees of the township board;
(i) To prepare and administer the annual budget under policies formulated by the township board and keep the said board fully advised at all times as to the financial condition and needs of the township;
(j) To recommend to the township board for adoption such measures as he may deem necessary or expedient;
(k) To be responsible to the township board for the efficient administration of all departments of the township government;
(l) To act as the purchasing agent for the township or, under his responsibility, delegate such duties to some other officer or employee;
(m) To conduct all sales of personal property which the township board may authorize to be sold;
(n) To assume all the duties and responsibilities as personnel director of all township employees or delegate such duties to some other officer or employee; and
(o) To perform such other duties as may be prescribed by this act or required of him by ordinance or by direction of the township board, or which are not assigned to some other official in conformity with the provisions of [the Charter Township Act].
What is the authority of a "personnel director" in a charter township?
MCL 42.10 authorizes a charter township board to appoint a township superintendent and to delegate to that person any one or more of designated functions (a) through (o) that it desires to delegate. Any functions not so delegated are required to be exercised by the supervisor. Function (n) provides: “To assume all the duties and responsibilities as personnel director of all township employees or delegate such duties to some other officer or employee.”
The statute does not define any duties of a “personnel director.”
If a charter township board has not adopted any specific ordinance or resolution to the contrary, it is the opinion of MTA Legal Counsel that a personnel director receives employee complaints, makes personnel files on employees, arbitrates any conflicts between employees and makes recommendations to the township board concerning any reorganization of the office, discipline, demotion or termination of employees and should be prepared to support his or her recommendations at any public hearings required or board considerations of such recommendations.
The Attorney General, in Opinion 5939 of 1981, took the position that the quoted paragraph (n) did not authorize the personnel director (whether it be the supervisor or a separate individual) to unilaterally terminate the employment of a township employee. Such authority would only exist if specifically delegated by township ordinance or township board resolution. Otherwise, such authority only exists in the township board, which also has the authority to hire employees.
It is MTA Legal Counsel’s opinion that the demotion or assignment of an employee to a different position would similarly only be within the prerogative of the township board.
The case of Armstrong v Ypsilanti Charter Township, 248 Mich App 573 (2001), also has some bearing on this question. It upheld the right of the township board to abolish the supervisor’s “administrative assistant” contrary to the supervisor’s wishes. To support this decision, the court referred to MCL 42.5 and 42.9, which vests all legislative authority and powers in the township board; grants all general law township powers to a charter township board; and authorizes the township board by resolution to “create such additional officer as may be necessary to administer the affairs of the township government, or may combine any administrative offices in any manner not inconsistent with state law, and prescribe the duties thereof.” The court went on to say that “inherent in the board’s authority to create such a position is its authority to abolish it.” The court further went on to say:
“Therefore, a charter township is made up of a legislative ‘branch’ only and does not include an ‘executive branch’. As the Michigan Townships Association puts it in its helpful amicus curiae brief, ‘townships are a unique form of government in which there is no clear separation of executive and legislative powers between elected officials’. Accordingly, a township supervisor, despite the use of the term ‘executive officer’ in the Charter Township Act, is simply the leader within the legislative township board, having voting power equal to any other board member. Rather clearly, we believe, when the Legislature used the term ‘executive officer’ in the Charter Township Act, it did so in relationship to the township board, itself a legislative body’.”
Finally, the court said:
“[W]e conclude that MCL 42.9 does not require a township supervisor’s recommendation to abolish a position.”
(a) To see that all laws and township ordinances are enforced;
(b) To manage and supervise all public improvements, works, and undertakings of the township;
(c) To have charge of the construction, repair, maintenance, lighting and cleaning of streets, sidewalks, bridges, pavements, sewers, and of all the public buildings or other property belonging to the township;
(d) To manage and supervise the operation of all township utilities;
(e) To be responsible for the preservation of property, tools, and appliances of the township;
(f) To 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;
(g) To attend all meetings of the township board;
(h) To be a member, ex officio, of all committees of the township board;
(i) To prepare and administer the annual budget under policies formulated by the township board and keep the said board fully advised at all times as to the financial condition and needs of the township;
(j) To recommend to the township board for adoption such measures as he may deem necessary or expedient;
(k) To be responsible to the township board for the efficient administration of all departments of the township government;
(l) To act as the purchasing agent for the township or, under his responsibility, delegate such duties to some other officer or employee;
(m) To conduct all sales of personal property which the township board may authorize to be sold;
(n) To assume all the duties and responsibilities as personnel director of all township employees or delegate such duties to some other officer or employee; and
(o) To perform such other duties as may be prescribed by this act or required of him by ordinance or by direction of the township board, or which are not assigned to some other official in conformity with the provisions of [the Charter Township Act].
What is the authority of a "personnel director" in a charter township?
MCL 42.10 authorizes a charter township board to appoint a township superintendent and to delegate to that person any one or more of designated functions (a) through (o) that it desires to delegate. Any functions not so delegated are required to be exercised by the supervisor. Function (n) provides: “To assume all the duties and responsibilities as personnel director of all township employees or delegate such duties to some other officer or employee.”
The statute does not define any duties of a “personnel director.”
If a charter township board has not adopted any specific ordinance or resolution to the contrary, it is the opinion of MTA Legal Counsel that a personnel director receives employee complaints, makes personnel files on employees, arbitrates any conflicts between employees and makes recommendations to the township board concerning any reorganization of the office, discipline, demotion or termination of employees and should be prepared to support his or her recommendations at any public hearings required or board considerations of such recommendations.
The Attorney General, in Opinion 5939 of 1981, took the position that the quoted paragraph (n) did not authorize the personnel director (whether it be the supervisor or a separate individual) to unilaterally terminate the employment of a township employee. Such authority would only exist if specifically delegated by township ordinance or township board resolution. Otherwise, such authority only exists in the township board, which also has the authority to hire employees.
It is MTA Legal Counsel’s opinion that the demotion or assignment of an employee to a different position would similarly only be within the prerogative of the township board.
The case of Armstrong v Ypsilanti Charter Township, 248 Mich App 573 (2001), also has some bearing on this question. It upheld the right of the township board to abolish the supervisor’s “administrative assistant” contrary to the supervisor’s wishes. To support this decision, the court referred to MCL 42.5 and 42.9, which vests all legislative authority and powers in the township board; grants all general law township powers to a charter township board; and authorizes the township board by resolution to “create such additional officer as may be necessary to administer the affairs of the township government, or may combine any administrative offices in any manner not inconsistent with state law, and prescribe the duties thereof.” The court went on to say that “inherent in the board’s authority to create such a position is its authority to abolish it.” The court further went on to say:
“Therefore, a charter township is made up of a legislative ‘branch’ only and does not include an ‘executive branch’. As the Michigan Townships Association puts it in its helpful amicus curiae brief, ‘townships are a unique form of government in which there is no clear separation of executive and legislative powers between elected officials’. Accordingly, a township supervisor, despite the use of the term ‘executive officer’ in the Charter Township Act, is simply the leader within the legislative township board, having voting power equal to any other board member. Rather clearly, we believe, when the Legislature used the term ‘executive officer’ in the Charter Township Act, it did so in relationship to the township board, itself a legislative body’.”
Finally, the court said:
“[W]e conclude that MCL 42.9 does not require a township supervisor’s recommendation to abolish a position.”
This page last updated on 10/1/2009.
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