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Township Topics
Member Information Home > Township Topics > Officials
Officials
Township Board and Deputies
Other Elected Officials
Statutory Officials
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.
Non-Statutory Officials
Other Township Officials
MCL 41.75a authorizes a general law township board to employ other employees as it deems necessary. These employees serve at the pleasure of the township board and perform such duties as are lawfully directed to them by the township board. They cannot perform duties delegated by law to another township official, unless the official consents.
Under MCL 42.9, a charter township board is authorized by resolution, upon the recommendation of the supervisor or superintendent, to "create such additional officers 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." This section also provides, however, that no additional offices can abolish the offices of township clerk or township treasurer nor diminish any of the duties or responsibilities delegated to these offices.
This page last updated on 5/12/2008.
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