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TUTORIAL | mcrp originals

Guides directly based on Michigan Election Law (MCL)

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.

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OUTLINE OF TOWNSHIP GOVERNANCE IN MICHIGAN

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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.

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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).

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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.

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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

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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

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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

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MACOMB COUNTY AND CITY COUNCIL ROLES

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

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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.

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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

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