We are aware that another association has sent out a statement and sample resolution that they are proposing be used by municipalities to address compensation for the new and expanded election responsibilities resulting from Proposal 2 of 2022 and follow-up legislation adopted for its implementation.
While we share the concerns for adequate compensation for all election officials (including clerks and other officials responsible for the election process), we cannot advocate for the use of a resolution that does not match the legal requirements and restrictions on the compensation of township clerks.
MTA supports townships paying township clerks an appropriate salary of the office for their very important duties, especially election functions. And we recognize that the greatly expanded election functions due to extensive amendments to the law in a short period of time, as well as increasing numbers of elections being scheduled, even in what would normally have been considered previously to be “off years,” means that all townships should review their lawful options for appropriate clerk’s compensation.
But there are major differences between the laws that govern counties, cities, villages and townships—particularly regarding what a township board member can be paid and how that is set, as compared to the other units where, for example, a city or village clerk might not be elected/appointed, but is actually an employee. However, the sample resolution we have seen does not make any distinction and includes language that conflicts with state laws regarding the salaries of the township board offices. It is our opinion that this would not be a lawful resolution or approach for a township to use regarding a township clerk’s salary of the office. This opinion however is not legal advice and you should consult your own township attorney for guidance.
In a township, the salary of the office of clerk as stated in the salary resolution for the office of clerk, is the ONLY compensation that a township clerk can receive for performing the statutory duties of the office of clerk. And any and all election administration duties of the office of clerk are statutory duties of the office of township clerk. (If a clerk is appointed by the election commission to also serve as an election inspector for an election, then they would be an “election inspector” for those hours they serve on Election Day, and they would be paid what the township pays its election inspectors—BUT they cannot receive any other additional pay for their clerk’s statutory election duties.)
So, regardless of how many elections or early voting/registration days a township clerk might have in a given year, the salary of the office stated in the salary resolution is the most that can be paid to a township clerk for holding the office of clerk and performing the statutory duties of the office.
For this reason, MTA encourages townships to consider increasing the salary of the office of clerk, if at all possible.
There are three possible ways that the salary resolutions of the township board offices (supervisor, clerk, treasurer, and trustee if the trustees in a township are paid a salary) would be set in an individual township: 1) By the township board at any time, 2) By the annual meeting of the electors before a new fiscal year (if the annual meeting is still held—uncommon) or 3) By a salary compensation commission created by township board ordinance that meets every two years (rare).
Additional information is available in MTA’s “Understanding Compensation for Township Officials and Employees” information packet, a presentation on setting board salaries and two sample MTA Township Board Salary Resolutions (township board sets the salaries OR annual meeting). Note that the samples include all four board offices, but only to keep the sample to one page—each office would have a separate salary resolution.
MTA-member township officials may contact the MTA Member Information Services staff for more information on the process.