Brandon Twp.- In a move to save money, the township board approved voluntary pay cuts for the supervisor and treasurer. But less than a month later, the board has reversed the decision, citing state law.
At their April 6 meeting, boardmembers voted 4-2 to rescind the voluntary pay reductions they voted for Supervisor Kathy Thurman and Treasurer Terry Beltramo. The board members originally passed the reductions March 16. A 2.5 percent paycut for the treasurer would have saved the township $1,307 annually and a 2 percent paycut for the supervisor would have saved the township $1,110. Both would have taken effect Jan. 1, 2010.
Thurman was joined in voting to rescind the motion by Clerk Jeannie McCreery and Trustees Tom Stowell and Bob DeWitt. Beltramo and Trustee David King voted no. Trustee Charlene Carlson was absent.
Thurman recommended rescinding the motions approving voluntary pay reductions by the supervisor and treasurer after being advised by the Michigan Townships Association and Township Attorney Stuart Cooney that MCL 41.95 (7), a state law, dictates that elected officials salaries cannot be decreased during a term of office after they have been established by the township board or electors.
‘I thought it was prudent to take the advice of our township attorney,? said Thurman in explaining her vote to rescind the pay cut. ‘I chose to follow the law… When we first did this (took the paycut), I didn’t think it would be an issue. I didn’t research it, because I figured, everyone else can take a paycut, so I didn’t think it would be improper for the officials to take a voluntary paycut.?
MTA Member Information Team Leader Catherine Mullhaupt said the law has been around for a very long time and can be circumvented only by decreasing
the duties of the official, with the official consenting to the decrease in writing.
‘The law is there primarily to provide a level of stability and attract capable people to the positions,? Mullhaupt said. ‘These are very responsible functions and high reliability positions. The thinking was, if you cut back the salaries, you’re undermining the functions of that unit.?
Still, she noted that if the officials wanted, they could always donate the money back to the township.
Thurman noted she would still have to pay income taxes if she donated a portion of her salary, but acknowledged she could get a tax write-off for the donation.
‘I don’t know how it would work to donate it,? she said. ‘I would need further investigation. I haven’t committed to doing anything at this point.?
Beltramo was also unsure whether he would donate a portion of his salary due to the tax liability. His earlier decision to not accept a $2,000 stipend for not enrolling in the township health care plan still stands.
A motion at Monday’s meeting to rescind reductions in the rates trustees are paid per meeting failed in a tie vote. Effective Jan. 1, the four trustees will accept $93 per meeting instead of their current $97 per meeting, for a savings of $800 annually (based on an average of 45 meetings per year).
Township resident Jason Gault expressed his disappointment with the repeal of the paycuts for the supervisor and treasurer, citing the many instances throughout history where stands have been taken against unjust laws.
‘You have an opportunity to go against your attorney’s advice,? Gault noted.
Neither Thurman nor Beltramo were sure what the repercussions of that would be. Mullhaupt admitted she didn’t know either.
‘They are required to comply, but it’s not a criminal penalty if they don’t,? she said. ‘It could fall into the category of, ‘Who’s going to complain???