SALARIES & COMPENSATION

Establishing Compensation in Crystal Lake Township:
Township Board members hold the four township offices of supervisor, clerk, treasurer and trustee. In CLT, we have two (2) trustees. Those offices may be paid a "salary of the office," which the officeholder is legally entitled to receive as long as she/he holds that office. The clerk currently makes more than her colleagues because there is much more placed on the list of a clerk's statutory duties than the others' (treasurer, supervisor and trustees') lists of statutory duties. A salary of each office is set for the office (not the person) and each receives the office's salary, regardless of their quality of work, length of service, experience or attendance at meetings.
In our township, the salaries of the offices are usually decided along with the budget. Approval of the budget in itself does not constitute a salary resolution, however; salary resolutions are adopted separately, one for each office. Salaries and wages can be amended during the year. Furthermore, the township board is not required to adopt salary resolutions each new fiscal year or any other specific time; they may be adopted when and as the board wishes to change one or more of the salaries of the four offices or any other staff position.
Salaries of the offices as stated in the salary resolutions cannot be decreased during a term of office after they have been established by the township board, unless the duties of the official are decreased and the official consents to the decrease in writing.
These board-established salaries are subject to a referendum if a petition requesting a referendum is signed by 10 percent of the qualifies electors of the township and files within 30 days following the township board's vote on the salaries.
Township Board members hold the four township offices of supervisor, clerk, treasurer and trustee. In CLT, we have two (2) trustees. Those offices may be paid a "salary of the office," which the officeholder is legally entitled to receive as long as she/he holds that office. The clerk currently makes more than her colleagues because there is much more placed on the list of a clerk's statutory duties than the others' (treasurer, supervisor and trustees') lists of statutory duties. A salary of each office is set for the office (not the person) and each receives the office's salary, regardless of their quality of work, length of service, experience or attendance at meetings.
In our township, the salaries of the offices are usually decided along with the budget. Approval of the budget in itself does not constitute a salary resolution, however; salary resolutions are adopted separately, one for each office. Salaries and wages can be amended during the year. Furthermore, the township board is not required to adopt salary resolutions each new fiscal year or any other specific time; they may be adopted when and as the board wishes to change one or more of the salaries of the four offices or any other staff position.
Salaries of the offices as stated in the salary resolutions cannot be decreased during a term of office after they have been established by the township board, unless the duties of the official are decreased and the official consents to the decrease in writing.
These board-established salaries are subject to a referendum if a petition requesting a referendum is signed by 10 percent of the qualifies electors of the township and files within 30 days following the township board's vote on the salaries.
Additional, Non-Statutory Duties of Township Board Members:
Q. Can a township board member be hired to work as a township employee?
- Yes, Michigan law allows township boards to assign additional, non-statutory duties to township board members and to authorize payment for those services, as the township board deems reasonable. (MCL 41.96)
- The Incompatible Public Offices Act, Public Act 566 of 1978 (MCL 15.181, et seq.), states that a public officer shall not hold two or more incompatible offices at the same time. (MCL 15.182) “Incompatible offices” are public offices held by a public official that, when the official is performing the duties of any of the public offices held by the official, result in: 1) the subordination of one public officer to another; 2) the supervision of one public office by another; or 3) a breach of duty of public office. (MCL 15.181(b)) Since the township board is the employer, any employment position with the township would result in that position being subordinate to and under the supervision of the township board.
- The Contracts of Public Servants with Public Entities Act, PA 317 of 1968 (MCL 15.321, et seq.), prohibits, among other things, a public servant from being a party, directly or indirectly, to any contract between himself or herself and the public entity of which he or she is an officer. (MCL 15.322(1))
- In a township of 40,000 or more in population, a township board member cannot serve in any employment position, including emergency medical services personnel, firefighter or police officer of any sort, or as an additional duty.
- If the township is under 40,000 in population, a township board member may then serve, with or without compensation, in an emergency medical services position (MCL 15.183(4)(a)), or as a firefighter, police chief, fire chief, police officer, or public safety officer in that township, as long as they are not a person who negotiates a collective bargaining agreement with the township on behalf of the firefighters, police chiefs, fire chiefs, police officers, or public safety officers (MCL 15.183(4)(b)).
- And the township board in a township under 40,000 in population may vote to authorize a board member to perform, with or without compensation, additional services for the township that would otherwise be incompatible (MCL 15.183(4)(c)). But the key word is “may.” The board is under no obligation to give a board member additional duties. Especially with the start of a new term, the composition of the township board may change, and some boards do not believe it is appropriate for board members to also work for the township. After all, the law does start by prohibiting it, even though it provides very broad exceptions.
- A township board is never required to give additional duties to a board member, and a township board may feel it is inappropriate to do so.
- A township board member is not prohibited from voting to assign him- or herself additional duties or to establish the compensation for the additional duties (Burton Township v Speck, 1 Mich. App. 339, 1965). But a board member seeking additional duties may want to evaluate the appropriateness of voting on the question.
Q. How is a township board member compensated for these additional services?
- A township supervisor, clerk or treasurer may only be compensated for the statutory duties of his or her office through the salary of that office. The trustee position may be compensated by salary, by per diem or per meeting payments, or by a combination of salary and per diem/per meeting payments. CLT chooses to pay the trustees by annual salaries, not per meeting.
- The laws state that a township official may serve as a township employee with or without compensation; no statute requires that a township official be compensated for additional services. However, because additional services must, by definition, be outside the statutory duties of an official’s office, the salary of the office does not cover those additional services. A township board may authorize a township official to be compensated for performing additional services. The additional services should be specified by the board in a job description, and the compensation should be established and authorized before the additional duties are performed. In CLT, we currently have several jobs that are being currently or previously performed (payroll, cemetery administration and media communications via a website and newsletter) by board members but they not compensated for them.
Q. I am a township employee. Can I run for a township board position?
- Yes, as long as you are eligible to hold office in the township, you may run for a township board position. Note that the Michigan Political Activities by Public Employees Act, Public Act 169 of 1976 (MCL 15.401, et seq.), governs how township employees may be involved in political activities.
- Unless contrary to a collective bargaining agreement (and CLT has none), the township board may require a candidate for township office to take a leave of absence without pay when he complies with the candidacy filing requirements, or 60 days before the election, whichever is closer to the election. (MCL 15.403)
- Once the election is certified and before you take the oath of office, however, you must either resign (a letter of resignation is recommended) or, if the township is under 40,000 in population and that option is specifically available in your township, you may request a leave of absence from your employment with the township.
- The option to request a leave of absence (if that option is provided by the township) is available only to a person who holds an employment position with a township of under 40,000 in population, because the option to hold (even as a leave of absence) or to be assigned an employment position with the township is limited to townships under 40,000. In a township of 40,000 or more in population, a township board member cannot serve in any employment position, including the position of emergency medical services personnel, firefighter (of any sort), or as an additional duty.
- Under Section 3 of the Incompatible Offices Act, MCL 15.183, in a township under 40,000 in population, you may serve in an emergency medical services position, or as a firefighter, police chief, fire chief, police officer, or public safety officer in that city, village, township, or county if you are not a person who negotiates a collective bargaining agreement with the city, village, township, or county on behalf of the firefighters, police chiefs, fire chiefs, police officers, or public safety officers.
- And the board in a township under 40,000 in population may vote to authorize you to perform, with or without compensation, additional services for the township that would otherwise be incompatible. But the key word is “may.” The board is under no obligation to give you additional duties. Especially with the start of a new term, the composition of the township board may change, and some boards do not believe it is appropriate for board members to also work for the township.