STATE STUDY OF LOCAL GOVERNMENT:
BACKGROUND FOR CONSENSUS QUESITONS
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INTRODUCTION
Michigan has 2,499 local units of government. Of these, 1,860 are general purpose units and 639 are special purpose units. General purpose units include the following:
- 83 Counties
- 271 Cities
- 1,241 Townships
- 263 Villages
Special purpose units include:
- 556 School Districts
- 29 Community Colleges
- 54 Intermediate School Districts
In 1993, Michigan ranked 14th among the states in terms of the numbers of local units of government. Each of these local units has the ability to levy taxes, has its own governing body and uses tax revenue for general operations.
Current State Study
This study focuses on counties and townships, not on other local units of government, because the study is a revision of a current state position on Intergovernmental Relations. The current position addresses counties and townships, not other local units of government.
The scope of the study is, “How can the delivery of services at the local level be made more efficient and more effective?”
Home Rule in Michigan
Home rule is a general grant of rights and powers to local governments, subject only to certain enumerated restrictions. Cities, villages and charter counties are presumed to have the powers to perform all tasks unless that power has been specifically preempted by the legislature. That presumption of power does not exempt local governments from legislative oversight. Townships and general law counties (i.e. those that are not charter counties) do not have the rights of home rule.
MICHIGAN COUNTIES
Michigan has 83 counties. They range in size from 316 square miles in Benzie County to 1,828 square miles in Marquette County and from a population of 1,700 in Keweenaw County to more than two million in Wayne County.
County governments operate under the authority of the state of Michigan. They are a subdivision of state government and are closely regulated by the State. They are responsible for collecting taxes, keeping track of property ownership through the register of deeds, conducting elections, and supporting the sheriff and the courts.
Board of Commissioners
The major policy-making and governing body in county government is the Board of Commissioners. It has both a legislative and an executive function. The Board may have from five to twenty-two members depending on the county’s population and the decisions of the commissioners. The commissioners are elected to two-year terms in partisan elections from single member districts. The districts are redrawn every 10 years after the census.
The Board elects its own chair and vice-chair, and sets up committees at its own discretion. The county clerk, who is elected by residents of the county, is secretary of the Board.
The Board adopts the county budget and sets the property tax rate as well as county service fees. It also establishes county policies within the limits of the law. It may create boards and commissions, buy and sell land, build facilities, borrow money, enter into cooperative agreements with other units of government, and set salaries for itself and most county employees.
Many county functions are administered by commission appointed boards and authorities. Functions such as mental health, public health, social services, solid waste disposal and the county park system, if there is one, are usually governed in this manner.
In addition, the county board of commissioners may establish any number of committees to help in the governance and oversight of the many diverse functions of counties. Because of the complexity in overseeing such a large enterprise, about half of the counties in the state have chosen to appoint some kind of chief executive officer. Some have opted for a controller who keeps records and reports to the commission. Others have opted for an appointed executive or elected administrator who carries out day-to-day operations of the county.
Elected administrators are chosen on a partisan ballot for a four-year term. The county executive has veto power and may operate somewhat independently of the Board. Bay and Oakland Counties have adopted the county executive option. Wayne County is a home-rule county, having written its own charter for county governance.
Elected Officers
In addition to electing members of the Board of Commissioners, county residents also elect county officers in partisan elections for a four-year term. The Michigan Constitution requires that the following offices be elected positions: sheriff, prosecuting attorney, clerk, register of deeds and treasurer. Other positions, road commissioners and drain commissioner, may be appointed or elected at the discretion of the county.
The sheriff has both civil and criminal jurisdiction throughout the county. S/he has responsibility for executing orders of the courts, managing the department and operating the county jail. The sheriff is responsible for enforcing state and county laws. S/he provides support to other law enforcement agencies, particularly for road patrols, and is financed by the county Board of Commissioners.
The prosecuting attorney is the chief law enforcement officer for the county, and prosecutes criminal cases within the county. S/he must be licensed to practice law in Michigan.
The county clerk maintains county records, serves as the chief election officer for the county, records statistics on births, deaths, marriages, military discharges, applications for citizenship and concealed weapons permits, as well as serving as clerk of the board of commissioners, the tax allocation board, the board of canvassers, and clerk of the circuit court. In the absence of a county finance officer, the clerk administers accounts payable.
The register of deeds is the custodian of property–related documents, deeds, titles, land contracts, descriptions, loans, mortgages, etc. The register is also the chair of the county plat board. In a small county these duties may be performed by the county clerk.
The county treasurer is the custodian of all county financial resources, and the collector of taxes. S/he receives all revenues, invests reserve funds, collects delinquent property taxes and sells real estate that has unpaid taxes.
State law requires the following county positions, in addition to those mandated by the constitution, (see above): drain commissioner and road commissioner. They may be elected by county residents or appointed by the Board of Commissioners.
The drain commissioner is usually not appointed, but elected on a partisan ballot and serves for a four-year term. S/he administers the Michigan drain codes in the county, provides for construction of new storm drains when petitioned by a local unit of government, is responsible for all natural water courses, sewers and drains in the county, and all water treatment plants established under the drain codes. In addition, the drain commissioner implements some state environmental laws, including those dealing with soil erosion and lake levels.
The three-member county road commission may be either appointed or elected, and is responsible for the construction and maintenance of all county roads. It may contract with the state to maintain state roads within the county. Because it is funded directly from state funds, the road commission operates independently of the Board of Commissioners.
TOWNSHIPS
In Michigan, if you don’t live in a city, you live in a township (and everybody lives in a county). Townships are a product of Michigan’s early history, and Michigan is one of 20 states that currently have some form of township government.
Michigan has 1,242 townships that vary in size and population. Originally townships were to be 36 square miles, but they presently range from less than one to more than 600 square miles. Based on the 2000 Census, Michigan township populations vary from 10 to 95,648 people. Approximately half of all Michigan residents live in a township. (Only one third of Michigan residents lived in a township in 1980).
Townships and counties are statutory units of government, having only those powers expressly provided or fairly implied by state law. Cities and most villages are vested with home rule powers, meaning they can do almost anything not prohibited by law.
There are two types of townships in Michigan, general law and charter townships. Charter township status is a classification created by the Michigan Legislature in 1947 to provide additional powers and streamlined administration for governing a growing community. A primary motivation for townships to adopt the charter form is to provide greater protection against annexation by a city. As of March 2005, 131 of Michigan’s 1,241 townships had opted to become a charter township.
The Michigan Constitution and state statutes limit the amount of property tax millage that townships can levy for general township operations. General law townships are allocated al least one mill. Townships chartered by a referendum may levy up to five mills. Townships chartered by board resolution after November 22, 1978, must have a vote of the electors authorizing the levy of five mills. In either case, the five mill limit may be increased up to ten mills with a vote of the electors.
Townships also utilize other sources of revenue to support services. User fees, permits, fines and special assessments on real property are the most frequently used sources.
Township government is conducted by a township board consisting of a supervisor, clerk, treasurer and two to four trustees. Members of the township board are elected to four-year terms on a partisan ballot.
State laws authorize townships to perform a wide variety of functions in two important categories: mandated and permissive. Mandated functions include:
- Assessment of property by an assessor who is certified as qualified by the State Assessors Board;
- Collection of taxes for the county and for the school districts within the jurisdiction of the township, and
- Conducting elections.
Permissive functions include: fire protection, traffic safety, land use and zoning, subdivision controls, and licensing of businesses. Townships may also provide public water and sewer systems, street lighting, libraries, and youth and senior citizen programs.
References
Citizens Research Council of Michigan
“County Financing of State Mandated Services in Michigan: Survey Results and Interpretation”, on Michigan Association of Counties
Grassroots Governments and the People They Serve, National Association of Towns and Townships
Guide to Michigan County Government, Kenneth VerBurg, 1997, 3rd ed.
Managing the Modern Michigan Township, Kenneth VerBurg, 2002, 3rd ed.
Michigan Association of Counties
Michigan Townships Association
The State We’re In, A Citizen’s Guide to Michigan State Government, Elizabeth Moore, 1995, League of Women Voters of Michigan
The Michigan Constitution, 1963, Sections 7, 17-20, 28 and 34
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