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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)


STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 5939

August 3, 1981

TOWNSHIPS:

Authority of supervisor of charter township to terminate an employee

A charter township supervisor may not terminate the employment of a township employee without prior approval of the township board in the absence of a township ordinance or delegation of authority of the township board.

Honorable Perry Bullard

State Representative

The Capitol

Lansing, Michigan

You have requested my opinion regarding the interpretation of 1947 PA 359, Sec. 10(n), as amended; MCLA 42.10(n); MSA 5.46(10)(n). You specifically ask whether a township supervisor of a charter township, in the absence of an authorizing statute, township ordinance or delegation of the township board, has the authority to unilaterally terminate the employment of a township employee without prior approval of the township board.

1947 PA 359, Sec. 10(n), supra, in pertinent part, provides:

'The township board in each charter township shall have power to appoint a township superintendent and may delegate to him any or all of the following functions and duties which functions and duties, unless so delegated, shall be exercised by the supervisor:

'(n) To assume all the duties and responsibilities as personnel director of all township employees or delegate such duties to some other officer or employee;'

In regard to 1947 PA 359, supra, OAG, 1951-1952, No 1372, p 209, 210-211, (March 30, 1951), addresses, inter alia, the following question:

'1. 'Has the supervisor of a charter township the authority to hire people, set their salaries and sign their pay checks without first securing the OK of the township board?"

In answering the above-quoted question, it was stated:

'[T]he supervisor as the agent for the township may hire people to do work for the township in those cases where he is so authorized by statute, township ordinance, or by delegation of the township board. If specifically authorized so to do, the supervisor may set salaries. Generally, however, this is a function of the board. C. L. 1948, Sec. 41.72, Mich. Stat. Ann. Sec. 5.64, supra.'

Since the township supervisor needs the authorization by statute, township ordinance, or by delegation of the township board to hire people, and must be specifically authorized to set salaries, the supervisor would likewise need authorization by statute, township ordinance, or by delegation of the township board to unilaterally terminate the employment of a township employee.

It is my opinion, therefore, that in a charter township a township supervisor, in the absence of a township ordinance or delegation of authority of the township board, may not unilaterally terminate the employment of a township employee without the prior approval of the township board.

Frank J. Kelley

Attorney General

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