Large or small, rural or urban, every township needs the services of professional consultants at one time or another. For example, all townships are required to have audits and most townships will likely need legal counsel at some time. Many townships may need architectural or engineering services for planning, building or repairing community improvements and structures, and townships with a non-assessing supervisor must hire an assessor. Although elected township officials have the ultimate responsibility for determining their township’s programs and services, it is often appropriate for them to consult with professionals whose specialized knowledge will best serve the community’s interests.

Independent contractor or employee?
In most cases, the individual or firm is hired as an independent contractor. However, some professionals, such as assessors or building officials, can be either employees or independent contractors.

If the consultant is an independent contractor, the arrangement should be documented in a written contract or letter of agreement—a contract. In some cases, even if it is an employee position, an employment contract may be used. The contract should specify the term of the agreement, a description of services, whether the contract is for employment or contracted services, the method and schedule of payment, documentation of services provided, a method of resolving disputes, and which township officials are authorized to direct the work or assign tasks to the consultant. The contract should also specify periodic performance reviews of the consultant’s service. It should also define procedures for amending the contract and identify what would negate the contract or allow the township to withdraw.

Contracts With "Public Officers"
The township should limit the term of the agreement to the current board’s four-year term of office. Although Michigan statutes do not specify this, case law has established the principle that a township board cannot create a contract that binds a future board with respect to hiring “public officers,” such as an assessor, attorney, township manager, building inspector, zoning administrator, or fire and police chiefs. (See City of Hazel Park v Potter, 169 Mich. App. 714, 1988.) Michigan case law has developed a three-part test to determine who is a “public officer” for contractual purposes.

To be considered a public officer, a position must have:

an authority conferred by statute,

the power to exercise sovereign rights and powers, and

a permanency and continuity inherent in that position.