Mika Meyers Beckett & Jones
Local Government Law
March 31st, 2010


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Legislative Commission Finds That State Imposed Over $2.2 Billion in Unfunded Mandates in 2009

Section 29 of the Headlee Amendment to the Michigan Constitution expressly prohibits the State from imposing unfunded mandates on local units of government. However, a recent report by the Legislative Commission on Statutory Mandates (the “Commission”) makes clear that the State has often ignored this constitutional prohibition when implementing new legislation. The Commission’s report is the culmination of a two year investigation initiated by the State to determine the costs incurred by local units of government in complying with the numerous mandates that have been imposed on them by the State. The findings are staggering. In 2009 alone, the State imposed unfunded mandates that cost local units of government in excess of $2.2 billion dollars.
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Recent Case of Interest March 2010

Private Emails of Public Employees Not Subject to Disclosure under FOIA. In the case of Howell Education Association MEA/NEA v Howell Board of Education (January 26, 2010), the Michigan Court of Appeals held that personal emails of public employees that are stored in the public employer’s computers are not public records subject to disclosure under the Freedom of Information Act (FOIA).
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Recent Attorney General Opinion of Interest March 2010

Reducing the Salary of an Elected Township Official. In Opinion No. 7258, issued December 1, 2009, the Attorney General concluded that elected officials in a charter township may not lawfully consent to a reduction in a salary that has been established under Section 6a of the Charter Township Act, MCL 42.6a, unless the consent is in writing and there is a corresponding reduction in the officer’s responsibilities and requirements.
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