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

JENNIFER M. GRANHOLM, ATTORNEY GENERAL

MUNICIPAL CORPORATIONS:

TOWNSHIPS:

Status of township park commission following incorporation as charter township

Dissolution of township park commission

A voter-established township park commission created in a general law township continues in existence following the township's incorporation as a charter township.

A voter-established township park commission may not be dissolved by resolution of the charter township board or by vote of township electors following the township's incorporation as a charter township.


Opinion No. 7039

December 9, 1999

Honorable David C. Mead
State Representative
The Capitol
Lansing, MI 48909


You have asked two questions regarding voter-established township park commissions.

Your first question asks whether a voter-established township park commission created in a general law township continues in existence following the township's incorporation as a charter township.

The township parks act, 1905 PA 157, MCL 41.421 et seq; MSA 5.2441 et seq, provides for the acquisition, management and control of township parks and for the creation of a township park commission.1 A township park commission is established by vote of township electors. Section 6. It is authorized to acquire, manage, and control township parks and places of recreation. Section 6a. Compensation of commission members is fixed by the township board. Section 6b. The commission's budget is subject to approval by the township board. Section 6c.2 Nothing contained in the township parks act, however, addresses the continuing status of a township park commission following incorporation of the township as a charter township.

The charter township act, 1947 PA 359, MCL 42.1 et seq; MSA 5.46(1) et seq, authorizes the incorporation of charter townships and prescribes their powers and functions. Charter townships have, except as otherwise provided in the act, "all the powers, privileges, immunities, and liabilities possessed by a township . . . by law and under chapter 16 of the Revised Statutes of 1846." Section 1(2). Charter townships are empowered to acquire property for public purposes and to maintain and operate "public buildings, parks, and facilities." Section 14. A charter township succeeds to all property belonging to the township as it formerly existed. Section 32.

The charter township act, however, includes no provisions for the dissolution or elimination of existing township park commissions. On the contrary, section 2 of the charter township act expressly preserves the offices of all elected township officers following the incorporation of a general law township as a charter township:

All officers of any township which shall elect to become a charter township shall serve in the offices to which they have been elected . . . for the balance of the terms for which they were elected . . . and until their successors elect or to be elected shall qualify for and assume their respective offices.


(Emphasis added.)

Since township park commission members are township officers, the foregoing provision mandates their continued existence following a township's incorporation as a charter township.

It is my opinion, therefore, in answer to your first question, that a voter-established township park commission created in a general law township continues in existence following the township's incorporation as a charter township.

Your second question asks whether a voter-established township park commission may be dissolved by resolution of the charter township board or by vote of the township electors following the township's incorporation as a charter township.

Although the township parks act addresses how a township park commission is established, it is silent as to whether or by what means a township park commission may be dissolved. The charter township act likewise provides no authority for dissolving a township park commission, either by resolution of the charter township board or by vote of the township electors. The absence of any township discretion to terminate township park commissions is further confirmed by provisions in the Michigan election code, MCL 168.1 et seq; MSA 6.1001 et seq. Section 341 of the election code provides that elective township officers may include park commission members. Moreover, section 358(1)(g) of the election code provides that there shall be elected several specified township officers, including park commission members in those townships having park commissions.

The Legislature has not provided the authorization for, or the means of terminating the existence of a voter-established township park commission. Although not directly on point, the Michigan Supreme Court in Cain v Brown, 111 Mich 657, 661; 70 NW 337 (1897), quoted with approval the rule regarding dissolution of municipal corporations: "As they can exist only by legislative sanction, so they cannot be dissolved or cease to exist except by legislative consent or pursuant to legislative provision." This rule, being applicable to other types of public entities, has been applied to consolidated drain districts3; to county hospitals4; and to local transportation authorities5.

It is my opinion, therefore, in answer to your second question, that a voter-established township park commission may not be dissolved by resolution of the charter township board or by vote of the township electors following the township's incorporation as a charter township.

In the event the Legislature deems it appropriate to authorize the dissolution of township park commissions, it may adopt legislation granting such authority and specifying the procedures for its implementation.



JENNIFER M. GRANHOLM
Attorney General



1 Historically, township park commissions were established by vote of township electors pursuant to 1931 PA 271, MCL 41.441; MSA 5.271. When 1931 PA 271 was repealed by 1989 PA 79, its provisions were essentially transferred to sections 6 and 6a-6f of the township parks act.



2 The operations of a township park commission and its relationship to a township board are described in OAG, 1979-1980, No 5670, p 668 (March 18, 1980), and OAG, 1981-1982, No 5892, p 163 (May 7, 1981).



3 OAG, 1985-1986, No 6342, p 226 (February 6, 1986).

4 OAG, 1985-1986, No 6411, p 444, 446 (December 19, 1986).

5 OAG, 1997-1998, No 7003, p 214, 216-218 (December 23, 1998).