Home > Roles of Local Government

be_an_advocate.jpg

Elections

Of the eight states that administer elections on the local level, Michigan is the largest—involving 83 county clerks, 1,240 township clerks, 274 city clerks and 93 village clerks. Michigan elections are administered by 1,690 county and local election officials—making it the most decentralized election system in the nation (Bureau of Elections, June 2011).

In Michigan, all federal, state, county, township, city, village and school elections are restricted to three dates each year:

  • First Tuesday after the first Monday in May
  • First Tuesday after the first Monday in August
  • First Tuesday after the first Monday in November

Exceptions to those dates include:

  • Villages that opted to fill their elective offices on the odd-year September election date
  • Special elections called by the state Legislature
  • School districts, intermediate school districts and community college districts that wish to present a millage proposal, bond proposal or a proposal to borrow funds on a date other than one of the four “fixed” election dates

Michigan election law designates the secretary of state as Michigan’s “chief election officer,” with supervisory control over local election officials in the performance of their election-related duties.

The Bureau of Elections works under the direction of the secretary of state and the State Board of State Canvassers. The Bureau of Elections accepts and reviews petition filings, conducts statewide training programs on elections, assists local election officials with their administrative duties, oversees the operation of Michigan Qualified Voter File (QVF) system, publishes manuals and newsletters, and monitors legislation affecting the administration of elections. In addition, the Bureau of Elections administers Michigan’s Campaign Finance Act and Lobby Registration Act.

County clerks are responsible for coordination of the administration of elections for school districts that are contained within more than one township, training precinct inspectors and assisting with the administration of Michigan’s QVF System.

Township clerks are certified by the State of Michigan under the Election Officials’ Accreditation Program mandated by Michigan election law to maintain voter registration records for their township, and are responsible for administering all federal, state, county, township and, in some cases, village elections. Township clerks who have a school district wholly contained within their township are also responsible for the administration of the school district’s elections. Election administration consists of:

  • Receiving nominating petitions and Affidavits of Identity.
  • Managing voter registration using the QVF system: Accepting voter registrations, maintaining voter registration files, transferring voter registrations in compliance with federal and state record keeping requirements, and oversees the use of the electronic poll book.
  • Administering absentee voting (AV) and conducting elections: Receiving AV applications, and records, tracks and mails AV ballots. Election responsibilities include controlling campaign materials, handling recounts, conducting special and recall elections.
  • Posting and publishing state-required election notices.

Four governmental bodies ensure the integrity of the voting process in Michigan:

  • The Board of State Canvassers is responsible for: Canvassing and certifying statewide elections, conducting recounts for state-level offices, canvassing nominating petitions, canvassing state-level ballot proposals, adopting ballot language for statewide ballot proposals, and approving electronic voting systems for use in the state.
  • The Board of County Canvassers is responsible for canvassing votes within the county, certifying elections for local, countywide and district offices, and inspecting the county’s ballot containers.
  • County Election Commissions are responsible for furnishing specified election supplies (including ballots), conducting recall clarity hearings, and establishing precinct boundary lines for school districts.
  • Township Election Commissions are chaired by the township clerk and are responsible for designating precincts and polling places, selecting voting machines, testing equipment and conducting public accuracy tests, printing and proofreading ballots, and appointing election inspectors.

Show More

go_team_380x200.jpg

Running for Office

Few people are fully aware of the responsibilities of being a township official when they decide to run for office. How hard can it be—it’s only one meeting a month, right?

Wrong.

Whatever township office you are running for, the real work begins after the campaign is finished and you are elected. Anyone can be passionate about an issue. As a township official, you’ll be expected to understand the broad responsibilities of the various offices in township government.

Michigan townships vary in size, staff support, hours per week performing administrative duties, and day-to-day administration. But all townships provide services tailored to meet the needs of their residents.

Township officials represent the level of government closest and most responsive to the wishes of the people, and serving as a local official is a rewarding, challenging—and ultimately, one of the most fundamental—way to give back to one’s community.

What are the qualifications to run for township office?
To qualify for either township supervisor, treasurer, clerk or trustee, a person must be a township elector, but property ownership is not required. An elector is defined as someone 18 years of age, who is a U.S. citizen and has lived at least 30 days in the township for which they will serve.

How does a citizen qualify for office?

Visit the Michigan Department of State Elections website for the required  information on running as a candidate for township supervisor, clerk, treasurer and trustee.

For candidate filing deadlines, see the state Bureau of Elections calendar here.

How long is the term of office for elected township officials?

The term of office for all elected officials is four years. The terms commence at 12 p.m. on November 20 following the November general election, provided the newly elected officials have qualified for office by that time. 

How does an elected official qualify for office?
To qualify, a successful candidate must file any necessary bond and take an oath of office before the township clerk, deputy clerk or other officer qualified to administer the oath, such as the county clerk or deputy county clerk, notary public, judge or justice with jurisdiction, or the state representative or senator. Elected officials must qualify for office before January 1 or lose the elected position.


Statutory duties for each elected township office

Township Supervisor’s Statutory Duties

  • Moderates board and annual meetings
  • Chief assessing officer (if certified)
  • Secretary to board of review
  • Township’s legal agent
  • Must maintain records of supervisor’s office
  • Responsible for tax allocation board budget (if applicable)
  • Develops township budget
  • Appoints some commission members
  • May call special meetings
  • May appoint a deputy

Township Treasurer’s Statutory Duties

  • Collects real and personal property taxes
  • Keeps an account of township receipts (revenues) and expenditures
  • Issues township checks
  • Deposits township revenues in approved depositories
  • Invests township funds in approved investment vehicles
  • Collects delinquent personal property tax
  • Responsible for jeopardy assessments in collecting property tax
  • Collects mobile home specific tax
  • Must appoint a deputy
  • Must post a surety bond

Township Clerk’s Statutory Duties

  • Maintains custody of all township records
  • Maintains general ledger
  • Prepares warrants for township checks
  • Records and maintains township meeting minutes
  • Keeps the township book of oaths
  • Responsible for special meeting notices
  • Publishes board meeting minutes (if taxable value is $82 million in 2016, annually indexed, or a charter township)
  • Keeps voter registration file and conducts elections
  • Keeps township ordinance book
  • Prepares financial statements
  • Delivers tax certificates to supervisor and county clerk by September 30
  • Must appoint a deputy
  • Must post a surety bond

Township Trustee’s Statutory Duties

  • Township legislators, required to vote on all issues
  • Responsible for township’s fiduciary health
  • Other duties as assigned by board

Each elected official, as a local legislator, should be able to:

    • Demonstrate knowledge about township law (general law or charter) government responsibilities, functions and powers
    • Identify the major functions of each branch of government—local, state and federal—along with their relationship to one another
    • Communicates and listens effectively
    • Utilize consensus-building techniques and motivate others to achieve desired outcomes
    • Manages adversity and hostility
    • Demonstrates ethical behavior
    • Possess vision, especially relative to the township’s needs or potential, and utilize public relations skills to positively represent the township
    • Understand the roles and responsibilities of other elected and appointed offices
    • Demonstrate knowledge of the various committees, boards and commissions serving the township, including their roles and responsibilities
    • Understand how township policies and procedures are set
    • Be aware of what constitutes lawful township expenditures
    • Utilize strategic planning to attain objectives
    • Demonstrate knowledge of how ordinances are lawfully adopted and legally enforced

Read More

Citizen Involvement

Show More

hands_shaking_380x200.jpg

Intergovernmental Cooperation

As Michigan’s local governments have experienced to varying degrees slight to extremely severe revenue declines in recent years due to the changing Michigan economy and the collapse of the residential housing market, state leaders have extolled local governments to save money by cooperating and combining local government services. There is a presumption behind the common wisdom that services can be performed cheaper if they are spread over larger geographic areas and populations. This principle, called “economies of scale,” often exists in services that involve high fixed costs, such as investments in equipment or facilities.

On the other hand, services with costs that are mostly personnel-related often increase in cost as the size of the program or service expands. This is because the administrative oversight costs and prevailing compensation increase at rates that exceed whatever economies of scale might result. Nonetheless, savings also can result when combining services allows a local government to tap into expertise that would otherwise not be available or would be costly to duplicate.

MTA is a strong proponent of local government cooperation where local officials have identified a resulting real cost saving or an improvement, but we caution that state mandates and sweeping generalizations that service consolidation is a “best practice” does not reflect the true complexity of local government services.

Show More

land_use_burbs_farm_land_380x200.jpg

Land Use Regulations

Americans have a long tradition of considering the ownership and enjoyment of property to be free of government intrusion, but what happens when the choices and actions of one property owner have an impact on the value of another person's property, or another person’s enjoyment of their property, or on the local government’s ability to attract new business?

Since the 1920s, the courts throughout the United States have recognized that governments can impose reasonable regulations on the use of privately owned land. While some people still bristle at this notion, most people recognize that when a person creates unsightly blight that others have to look at, or use their property in ways that create unreasonable noise, odors, lighting or creates a threat to the safety of others, it is reasonable for the local government to step in and stop the nuisance behavior.

Local governments focus considerable attention reviewing plans for new development to prevent problems and conflicts before they materialize. Land use regulations protect the overall appearance of the community, protect the natural features that residents value, and help minimize the cost of local government services.

Local governments exercise land use authority through local planning and zoning.

A master plan guides the overall direction of where land uses are most appropriate by considering local and regional assets, needs and opportunities, as well as development patterns driven by market forces and infrastructure improvements.

A zoning ordinance is a township law establishing land development districts and regulating land development. In suburban and rural areas where the dominant intent of zoning is to protect the value and use of private residences, zoning often focuses on segregating incompatible land uses. This objective is also common in other, more dense communities, but in recent years planning experts have moved away from primarily focusing on land use segregation and have, instead, returned to land use practices that were popular in the 19th century, such as mixing residential and commercial land uses to promote more walkable communities and fostering more social interaction. “New urbanism” emphasizes shared open spaces, homes built closer to sidewalks with alleys and smaller yards, and building apartment lofts above storefronts. Form-based codes are also growing in favor that focus on more on structure exteriors and arrangements and less on the activities within the building in denser communities.

Placemaking is another set of activities that build on existing assets in rural and urban communities to create more economically competitive and resilient communities. This is done by focusing on public and private improvements that make an area more attractive to new residents, talented workers, and new businesses. Rural and urban communities that work together on regional placemaking projects have the potential to make the entire area more competitive for jobs in the global New Economy.

Show More

emergency_services_380x200.jpg

Public Safety

It is customary for general purpose units of governments—cities, villages, townships and counties—to take some level of responsibility for the health, safety and general welfare of residents other persons within their jurisdictions. How this responsibility is addressed is a governmental policy decision, meaning that local governments have broad discretion to decide what they will do, how much, and for whom. Public safety in some communities means that personnel are cross-trained to perform law enforcement, fire suppression and emergency medical services and that a unified department coordinates all three services. However, public safety more often means the delivery of services related to these functions with specialized departments. Communities that provide both fire suppression and emergency medical services most often combine these functions, and a few entities have combined law enforcement and emergency medical services. Treatment and transportation of the sick and injured (emergency medical services) is often provided by a department owned and operated by the governmental entity, but it is also not unusual in urban settings for the private ambulance companies providing this service on a fee basis. Local governments can charge for emergency services as well, but that practice is more the exception than the rule. As tax revenues diminish, more communities are likely to impose fees to cover some portion of their public safety expenditures.

Public safety services can be performed by the public entity itself, or it can purchase emergency services from other governmental entities, and public entities can join together to provide emergency services on a cooperative, shared basis. None of these options are necessarily the best choice for a given community, as local circumstances and differences in policy preferences can rule out cooperative ventures. An extensive paper on joint services is located elsewhere on this website, and can be found by clicking here.

Virtually all townships provide fire suppression services, most commonly through a department owned by the township, but almost as many townships provide fire suppression by purchasing the service from a neighboring entity or by a jointly-owned department serving multiple jurisdictions. Fire authorities, which are separate public corporations created by local governments but subsequently empowered to act with a high degree of independence, is another option growing in popularity. Local governments also purchase specialized services and equipment such as aerial apparatus, hazardous materials responses, confined space rescues, or inspection and code enforcement. The incidence of structure fires has declined in the past several decades due to better construction and fire prevention codes. In addition to fire suppression, fire departments often provide fire safety education and enforce a fire prevention code.

Most fire departments in Michigan are staffed entirely by personnel who are either paid to respond to individual emergencies from their homes or businesses, or who receive no compensation at all. Extensive training is required by state law for fire fighters before they can be actively engaged in fire suppression activities. In medium-sized communities fire departments have a few career, full-time fire fighters who are augmented by on-call personnel. The largest townships and cities are served entirely by career-personnel. For more information on Fire Safety download the Residential Fire Prevention and Safety Guide

Most townships are relatively rural and have very infrequent incidents needing law enforcement; consequently, state police and sheriff deputies provide an adequate basic level of service. As townships grow in population or have major roadways that create more law enforcement issues, contracts with sheriff departments for additional patrols and crime investigation services are more common. Larger townships, as well as other smaller townships have their own police departments similar to those of most cities and many villages. Jointly operated law enforcement entities are relatively rare but may become more common as local governments seek innovative ways to cut costs.

Emergency medical services (EMS) involve the pre-hospital treatment and transportation of the sick and injured. In communities with dense populations, privately owned ambulance companies frequently provide EMS services, with fire departments providing support. Unlike law enforcement and fire services which are traditionally funded with tax dollars as governmental services, EMS has evolved as an adjunct of the field of medicine, where payment is expected from the patient and third party payers such as insurance companies and Medicare/Medicaid. The revenue stream available to EMS providers allows the private sector to profitably operate in areas where there are enough calls for service that the providers fixed costs can be recovered. Unfortunately, that market only exists where there is a high call volume.

Local governments provide EMS services in a variety of ways, including stand alone departments; in combination with the fire department and less often by the police department; contracts with other governmental entities; and through a jointly owned department or a multi-unit authority. Some EMS departments only provide pre-hospital emergency treatment, and transportation is provided by another public entity or a private ambulance company. Regardless, any government or firm that represents itself to the public as providing emergency medical services must be licensed by the state of Michigan and all personnel who treat the sick and injured must hold current state licenses at varying levels of skills. The license level of the service and the individual determines the level of sophisticated medical procedures that a patient can receive. All EMS providers are supervised by a medical control authority under the auspices of a licensed physician.

Local governments are also expected to be prepared for exceptional emergencies and disasters. Examples of disasters potentially occurring in Michigan include tornadoes, snow and ice storms, hazardous material discharges, nuclear power plant malfunctions, terrorist attacks on people and infrastructure, or other broad scale infrastructure failures. Because no local government has sufficient resources to handle any and all emergencies such as these, local governments need to coordinate their plans that address mitigation (disaster prevention), preparedness, response and recovery.

Emergency response is a coordinated effort involving all levels of government. County emergency management directors are primarily responsible for emergency planning and response in communities under 10,000 populations and for larger entities that have not appointed their own emergency management director. For additional information, click here.

Local governments also protect the public by enforcing a state-adopted construction code that builders and contractors must follow when they construct structures for human occupancy. The code is written by national experts to minimize design and construction flaws that could result in injuries and preserve the property’s value. Local governments also adopt ordinances that regulate behavior that can be detrimental to other people. And local governments plan with other governmental entities for major emergencies and disasters that would require a response that exceeds an individual community’s resources.

Local governments do not provide public safety services in a vacuum or without regard for the efforts of other governmental entities. Law enforcement entities coordinate their efforts so that police officers and sheriff deputies are appropriately deployed; fire departments routinely provide mutual aid when a fire or other emergency requires additional staffing or equipment; and emergency medical services are coordinated to ensure that the most appropriate service is provided regardless of political jurisdiction. Disaster planning is coordinated by the Emergency Management Division of the Michigan Department of State Police, and the state fire marshal oversees the investigation of suspicious fires.

Show More

accounting_380x200.jpg

Property Taxes

Property taxes are the primary revenue source of most local governments, and the administration of the property tax system is also a primary role of local governments. The power to tax is granted by the people to the government in the federal and state constitutions. The state’s taxation power extends in the constitution to local governments. However, the Michigan Constitution only authorizes cities, villages, townships, counties and some special purpose district to levy a property tax, and only cities can also levy an income tax. Local governments do not levy sales taxes or tax on business activities, other than the property tax.

Taxes fund local government services that benefit, or potentially benefit society in general, and especially when funding by a specific fee charged to users is impractical, unfair or contrary to the purpose of the program or service. Taxes generally are assessed in some manner based on an indication of a person’s ability to pay—through the individual’s consumption or purchases (sales taxes); income; or accumulated wealth (property and estate taxes). Gas and weight taxes, on which state and federal transportation systems are funded, are both a consumption tax and an indication of a person’s usage of highways and bridges funded by those revenues.

Property taxes originated in a time when agriculture was the dominant means by which many people earned their living, and the value of a person’s property was considered an indicator of their financial ability to support local government programs and services. While the property tax system is subject to a number of criticisms as the primary means by which local government services are funded, it does offer a number of administrative advantages. Property is difficult to hide, so tax avoidance is minimized. The revenues are relatively stable compared to other taxation sources, and market distortions are minimal.

Property taxes are assessed on real estate—land values and the value of improvements (structures) on the land. Taxes are assessed based on the property’s value, which is an estimation of what the property would sell for in a normal transfer of ownership. That value would not be known precisely, of course, until the property actually sold, so assessors base their sales studies on what prices similarly situated properties have recently sold. Property owners might not agree as to whether other properties in the sales study are truly representative of what their own property would sell for, or whether there are mitigating factors that would adversely affect the value of their own property. Property owners can discuss with the local government assessor the method by which their properties’ values were determined and if the disagreement is not resolved to the property owner’s satisfaction, the property owner can appeal his or her assessment to the board of review. Boards of review, with the agreement of the township supervisor, can also issue hardship exemptions for those who are unable to support the public good. Boards of review must follow prescribed guidelines developed by the township board. Adverse decisions by the board of review can be further appealed to the Michigan Tax Tribunal.

Property assessments, however, are only half the property taxation story. The other side are millage rates which are applied to property values to arrive at the tax bill that is levied on property. The term “millage” means a rate per thousand, so a millage rate is a multiplier that is applied on a property’s rate per thousand dollars of taxable valuation.

Every parcel of property is located in multiple tax levying jurisdictions. The state of Michigan levies a statewide school education tax, with a rate of six mills on all properties. School operating taxes usually 18 mills, are also levied on all property., However a person’s primary residence (homestead) and agricultural property are exempt from this tax. Counties, intermediate school districts, special purpose districts such as a library district and local governments also levy taxes. The local governments prepare the tax bills on behalf of all of the other tax levying entities, so a single tax bill includes the taxes levied by all applicable entities.

Historically, property taxation adhered rigorously to a principle of uniformity—that similarly situated properties would be similarly assessed. However, when real estate values rapidly accelerated, property assessments similarly increased, which caused considerable hostility to property taxes. The Michigan Legislature adopted a number of laws intended to blunt the rate of increases, and the voters also approved a property tax relief measure in 1978. The so-called “Headlee Amendment” to the Michigan Constitution requires local entities to roll back their millage rates so that property tax revenues remained in line with the rate of inflation. But the taxes on individual parcels continued to rise during periods of high volume of property sales that “bid up” valuations.

In 1994 the legislature placed on the Michigan ballot a proposal, approved by the voters, that changed the method by which schools were funded, and also capped the rate of assessment increases on individual parcels of property. Referred to as “Proposal A,” the change to the Michigan Constitution ended uniformity and substituted a new principle of assessment stability and predictability. Assessment on individual properties can now increase at a rate not to exceed the rate of inflation or five percent, whichever is smaller. Property begins at an assessed valuation which is 50% of a property’s true cash value, but the assessment is adjusted each year to arrive at a new valuation on which the taxes will be based, called the property’s “taxable value.” When market forces increases the value of a parcel by 5%, the taxable value is reduced to a new amount that reflects the rate of inflation or 5% (whichever is less) compared to the prior year. When the property is sold, however, the taxable value reverts to its assessed valuation at 50% of true cash value. Property that is owned by the same person for a longer period of time will have a taxable value less than similar property that has changed ownership more recently. Consequently, two property taxpayers owning properties that are comparable in value will pay taxes in different amounts if they have owned their properties for different periods of time.

Michigan’s local governments also rely on state government for a large portion of their operating revenues. Michigan’s Constitution apportions a share of the sales taxes collected by the state to townships, cities and villages based on their respective populations. For many years Michigan also shared a portion of its income and sales tax revenues pursuant to a state law. However, the state’s budget challenges in the first decade of the 21st Century resulting in the legislature reducing an annual appropriation of statutory revenue sharing that approached $900 million down to a level in 2013 that is closer to $300 million. Only a handful of townships now receive this source of state money, which is now called the Economic Vitality and Incentive Program (EVIP). Hyperlink to MTA testimony The state legislature grants EVIP money to local governments for complying with legislative-determined policy objectives such as sharing services, displaying its financial information on a website, or for limiting employee fringe benefit expenditures.

Special Assessments

A special assessment is a charge against property for a public improvement that confers a special benefit to that property that is different from the benefit enjoyed by the general public (Fluckey v City of Plymouth, 358 Mich. 447, 1960).

Historically, special assessments have been used to raise revenue for constructing and maintaining local capital improvements such as water and sewer mains, street improvements, and sidewalks. Over the past 30 years, special assessments have evolved into a financial resource for funding police and fire protection, road improvements garbage collection, and similar municipal services.

Because public money cannot be used for private interests, the only way a township can expend public money for any improvements made to private property, such as private roads or street lights in a subdivision, is through the special assessment process.

Fees

Local governments also charge fees for some services, particularly when a service used by a distinct stakeholder group and when the local government’s tax base does not support a wide range of services. Fees are often levied and paid directly to the local government, or may be billed, collected and remitted by a third party such as a cable television franchise holder.

Show More

road_380x200.jpg

Roads and Transportation

A significant difference between townships and cities and villages in Michigan is the general lack of authority in townships to perform maintenance and construction on roads. In most states, townships take care of local roads in their jurisdictions, but Michigan law transferred responsibility for roads to county road commissions and, most recently, provides the option for county boards of commissioners to transfer road responsibility from road commissions to themselves.

Under very specific circumstances, larger townships may contract with road commissions to assume road maintenance responsibilities, but only one township has opted to accept road responsibilities to this degree.

Townships do not receive gas and weight tax distributions as cities, villages and counties do. It is the county’s statutory responsibility to keep roads in a safe condition, but township boards recognize that counties do not have sufficient resources to take care of all the road needs. As a result, townships collectively spent nearly $200 million on roads annually, even though they are not required by law to do so.

Show More

cemetery_380x200.jpg

Other Programs and Services

Townships commonly operate cemeteries, parks and recreation programs, and fund senior citizen programs. They may also regulate or provide services to remove trash and recycle materials, and provide municipal water and/or wastewater treatment systems. They market the agricultural, commercial and industrial opportunities that are available within the township and in the surrounding area.

Show More