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Guides directly based on Michigan Law (MCL-Michigan Compiled Laws)

This is not legal advice.

THE CHARTER TOWNSHIP ACT

 

Act 359 of 1947

LEGAL BASIS

Primary Law Governing Townships:

  • Michigan Township Act 359 of 1947 (a/k/a the Charter Township Act)

  • Michigan General Law Village Act (for some hybrid areas)

  • Michigan Election Law – Act 116 of 1954

Types of Townships:

  1. General Law Township – default type; limited home rule.

  2. Charter Township – more powers; can prevent annexation by cities.

Every Michigan county is divided into townships unless incorporated into cities.

OUTLINE OF TOWNSHIP GOVERNANCE IN MICHIGAN

1. Structure of Township Government

Each township has an elected township board typically consisting of:

  • Supervisor (chief executive & sometimes assessor)

  • Clerk (elections, records, notices, meeting minutes)

  • Treasurer (collects taxes, handles money)

  • 2 to 4 Trustees (vote on policies, support governance)

Charter Townships may also have additional appointed or elected officials and planning commissions.

2. Elections & Terms of Office

  • Election Timing: Every even-numbered year in August and November (per MCL 168.641)

  • Terms: Most township officials serve 4-year terms

    • Elected at November general election in presidential years

  • Non-partisan Ballot: Township elections are partisan unless a local charter specifies otherwise.

Vacancies are filled by township board appointment until the next election (MCL 168.370).

3. Township Duties and Responsibilities

  • Local Ordinances (zoning, noise, building)

  • Roads (in cooperation with county road commission)

  • Fire and Police Protection

  • Elections and Voting Administration

  • Tax Assessment and Collection

  • Land Use Planning (via Planning Commissions)

  • Cemetery & Park Maintenance

  • Water & Sewer (if applicable)

Townships operate with limited home rule unless they adopt a charter form.

4. Charter Township Distinction

  • Prevents annexation from cities

  • More administrative powers

  • May hire a manager to run day-to-day operations

  • Must meet population, infrastructure, and service benchmarks to qualify

See MCL 42.1 – 42.34 for the full Charter Township Act

5. Funding & Budgeting

  • Primarily through property taxes

  • Can levy additional millages, if approved by voters

  • Some receive state revenue sharing

  • Required to prepare and adopt an annual budget

6. Oversight and Transparency

  • Must follow Open Meetings Act (OMA) and Freedom of Information Act (FOIA)

  • Must hold public meetings and publish meeting minutes

  • Required to hold budget hearings annually

MACOMB COUNTY AND CITY COUNCIL ROLES

Note: Cities and townships are different legal entities. City councils are city-level, not township-level.

How Macomb County Deals with City Councils (Separately from Townships)

  • Macomb County contains 27 municipalities, including townships, cities, and villages.

  • Each city council (e.g., Sterling Heights, Warren) operates independently of Macomb County government.

  • The Macomb County Board of Commissioners is the county's legislative body, overseeing:

    • County budget

    • County roads and public services

    • County-wide departments (Sheriff, Prosecutor, Clerk, etc.)

  • City Councils manage internal city operations: ordinances, zoning, police/fire, budgets.

  • County has no authority over how cities run their council, only interaction is via services or elections.

KEY LEGAL REFERENCES

  • Township General Law: MCL 41.1a et seq.

  • Charter Townships: MCL 42.1–42.34

  • Election Law: MCL 168.1 et seq.

  • Open Meetings Act: MCL 15.261–15.275

  • FOIA: MCL 15.231–15.246

Paid for by the Macomb County Republican Committee 001444

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