An ordinance to restrict or limit the powers and duties prescribed by state law for township constables; to require minimum employment standards imposed by Public Act 203 of 1965, as amended (MCL 28.601, et seq.); to establish liability for violations of the provisions of this ordinance; and to repeal all ordinances or parts of ordinances in conflict with this ordinance.

THE TOWNSHIP OF _________, _________ COUNTY, MICHIGAN, ORDAINS:

Section 1:
Pursuant to authority vested in the _________ Township Board by Public Act 426 of 1976 (MCL 41.82) of the State of Michigan, no elected or appointed Constable of _________ Township shall exercise any power or assume any duty prescribed by the laws of the State of Michigan, except as follows: (delete as desired)

1. Township Constables shall be authorized to serve all criminal warrants or other criminal process lawfully directed to them by this Township Board, the Township Clerk or another officer.

2. Township Constables shall be authorized to serve all civil notices and process lawfully directed to them by this Township Board, the Township Clerk or any other officer.

3. Township Constables shall be authorized to serve any writ, process or order lawfully directed to them in the Township within the county in which this Township is situated.

4. Township Constables shall be authorized to be ministerial officers of the District Court and may be appointed as a District Court officer by the District Court and may perform the duties permitted pursuant to Chapter 83 of Public Act 236 of 1961, as amended, (MCLs 600.8301 to 600.8395).

5. Township Constables shall be authorized to attend sessions of the Circuit Court for the County of _________, when notified for that purpose by the Sheriff of this County.

6. Township Constables shall be authorized, when directed by the Township Board, to perform liquor control inspections under the Liquor Control Ordinance of this Township.

7. Township Constables shall be authorized to perform such other duties or powers of their office when so directed by the Township Board or an elected Township Officer.

Section 2:
When a Township Constable is required to perform both statutory criminal and civil duties, such Township Constable shall comply with the minimum employment standards established by the Law Enforcement Officer Training Council pursuant to Section 9 of Public Act 203 of 1965, as amended, (MCL 28.609). The cost of complying with these standards shall be borne by the Township. The employment standards of this section shall not apply when a Township Constable is appointed as a District Court officer.

Section 3:
Any elected or appointed Township Constable who shall violate any provision of this ordinance shall thereby assume sole responsibility and liability for any damages resulting from such action constituting said violation.

Section 4:
This ordinance shall take effect on the ____ day of _____. All ordinances or parts of ordinances in conflict herewith are hereby repealed.

The purpose of this sample ordinance is to provide a suggested guideline for the types of items that should be included within an ordinance. Certainly, no sample ordinance should be used unless, after careful review, it is the professional judgment of your legal counsel that using the sample will accomplish the particular objectives and intentions of your township. Although these sample ordinances are the result of much thought and effort, neither the authors nor the Michigan Townships Association assumes any responsibility for the results of using these samples word-for-word in individual cases.