Annual Conference opens on Sept. 24; will focus on health, safety

Experts from the Federal Bureau of Investigation (FBI) and the Michigan State Police (MSP) will discuss the ominous trend of threats against local officials during a plenary session of the 2024 Michigan Counties Annual Conference on Sept. 25.

The conference will run Sept. 24-26 at the Grand Traverse Resort in Acme, Mich.

Kaylee Barker and Nishawn Spiller of the FBI will “delve into the critical roles that Election Crime Coordinators play in ensuring the integrity of our election processes. Participants will gain an understanding of how these coordinators work closely with local, state and federal agencies to detect and prevent election-related crimes.

In the same session, Matthew Helmkamp of the MSP “will provide an overview of the current threat landscape for elected officials and candidates, highlighting key concerns identified by the Michigan Intelligence Operations Center (MIOC) for the upcoming November elections.”

Other conference highlights include:

• Workshops on topics ranging from the impact of Michigan Supreme Court decisions on tax foreclosure sums to the role of county officials in proper emergency response and management
• Elections for five seats on the MAC Board of Directors
• Installation of Melissa Daub, Wayne County commissioner, as MAC’s 116th Board president
• Review and approval of MAC’s policy platforms for 2024-25 (see item below)

While online registration has closed, county officials do have the option to register on-site at the Grand Traverse Resort starting at noon on Sept. 24.

 

Upcoming legislative work could include changes to ballot measure on wages, sick time

This fall, the Michigan Legislature may revisit the Earned Sick Time Act in light of a recent Michigan Supreme Court ruling. The court’s decision reinstated the original 2018 ballot language for the act, which had been significantly amended by the Legislature after its adoption.

With this ruling, legislators now have the chance to revisit and refine the act, offering clarifications and potential adjustments that could address concerns from both employers and labor organizations.

As of now, no specific bills have been introduced, but many expect that legislative proposals will emerge in the coming months. Any amendments could include updates to requirements for paid sick leave, coverage for part-time and seasonal workers, or changes in how employers manage and implement these provisions.

MAC has yet to take an official stance on the potential changes. MAC plans to review any new bill language carefully before determining to support the proposed amendments. MAC is closely monitoring developments and will engage with its membership and stakeholders to assess the impact of the forthcoming legislation.

A legal analysis of the ballot measures was obtained by MAC and notes:

“While most counties currently have wage rates that exceed these levels for their regular full-time employees, these changes could impact a number of county part-time, temporary and /or seasonal positions.

“The ESTA mandates that all employees (full-time, part-time, temporary, and seasonal) accrue sick time at a rate of 1 hour for every 30 hours worked. Employees accrue up to 72 hours (unless employer selects a higher limit) of paid sick time in a year. Employees of “small businesses” (employers with fewer than 10 employees) accrue up to 40 hours of paid sick time and 32 hours of unpaid sick time each year. In either instance, employees carry over any unused sick time from year to year. However, employees cannot use more than 72 hours (paid or unpaid) per year.”

To read the complete legal analysis, click here.

For more information on legislative work on this issue, contact Deena Bosworth at bosworth@micounties.org.

 

By Matt Nordfjord, Principal, firm of Cohl, Stoker & Toskey

The Michigan Supreme Court recently issued a long-awaited opinion in Mothering Justice v. Attorney General, restoring the 2018 voter-initiated provisions from the Improved Workforce Opportunity Wage Act (“IWOWA”) and the Earned Sick Time Act (“ESTA”).

The voter-initiated IWOWA set the general minimum wage at $12.00/hr. for 2022; with annual increases to the minimum wage every year thereafter based upon inflation as calculated by the State Treasury Department. The legislature in 2018 amended that law to provide lessor increases (to $10.56/hr. for 2024 & $10.80/hr. for 2025) until it reached a maximum of $12.05 in 2030. The Michigan Supreme Court held that this amendment was unconstitutional, and the original provisions needed to be reinstated via a phased in process starting February 21, 2025. The Court called for the reinstatement of original level increases listed in the IWOWA ($0.65/hr. each year), plus all of each year’s inflation factors.

The result is that the minimum hourly rate will likely be somewhere between $12.25/hr. to $12.48/hr. when the change is implemented in February of 2025, and will thereafter continue to increase by an annual inflation factor. (The state Department of Treasury has recently also requested clarification from the Supreme Court on how the inflation factor should be calculated, so the exact levels remain unsettled).

While most counties currently have wage rates that exceed these levels for their regular full-time employees, these changes could impact a number of county part-time, temporary and /or seasonal positions.

 The ESTA mandates that all employees (full-time, part-time, temporary, and seasonal) accrue sick time at a rate of 1 hour for every 30 hours worked. Employees accrue up to 72 hours (unless employer selects a higher limit) of paid sick time in a year. Employees of “small businesses” (employers with fewer than 10 employees) accrue up to 40 hours of paid sick time and 32 hours of unpaid sick time each year. In either instance, employees carry over any unused sick time from year to year. However, employees cannot use more than 72 hours (paid or unpaid) per year.

The ESTA also expands on an employee’s rights to when they can use sick time. It can be used for a variety of absences, including illness/injuries (to care for themselves and family members), in connection with domestic violence or sexual assault and for certain business and school closures. Further, the ESTA prohibits an employer from imposing requirements that an employee provide documentation, including doctor’s notes, to support a leave request unless the absence was for more than three days. Employers are also prohibited from “front-loading” paid sick leave. Employers must allow employees to accrue paid sick leave as they work.

With the reimplementation of the IWOWA and ESTA, effective Feb. 21, 2025, Counties and any other Michigan public and private employers should examine their current leave policies and make any necessary modifications needed to comply with the IWOWA and ESTA. To ensure compliance, employers should review:

• Is the company/government a covered employer: the ESTA applies to all Michigan employers with at least one employee, except the federal government.
• What types of employees are eligible for paid sick leave: the ESTA applies to full-time, part-time, temporary and seasonal employees.
• How does sick leave accrue: employees must accrue paid sick leave as they work.
• How many paid sick days may be used each year: employees can accrue and use up to 72 hours of paid sick leave a year.
• What types of absences are covered by the sick leave policies: the ESTA expands on the reasons an employee may utilize paid sick leave.
• Are all employees, including part-time, temporary, and /or seasonal positions at wage levels that are at or above the minimum wage level as annually adjusted.

The ESTA requires employers to provide written notice to employees of some of its provisions, including the employee’s right to file a complaint with a court or the Michigan Department of Licensing and Regulatory Affairs. There is a three-year statute of limitations and no requirement that an employee file a complaint with the department before proceeding to court. A violation of the Act could entitle the employee to reinstatement, back wages, liquidated (double) damages, costs, and attorneys’ fees.

The ESTA prohibits employers from retaliating against employees who exercise any right protected by the ESTA. Further, the ESTA creates a rebuttable presumption of a violation of the Act if an adverse action is taken against an employee within ninety days of the employee’s filing a complaint, cooperating with an investigation and/or informing on violations of the Act, opposing a policy prohibited by the Act or advising anyone of their rights under the Act.

Draft platforms for 2024-2025 are now available on our website for your review. These platforms, which were approved by the MAC Board in early August after months of careful consideration and amendments, will guide our legislative efforts and policy positions at the state level.

NOTE: To access this webpage, you will need your county’s MAC credentials, which you can get from your county administrator’s office or by contacting MAC at melot@micounties.org or despins@micounties.org.

The platforms were developed through the diligent work of our internal committees, who reviewed the platforms from previous years and made necessary amendments to reflect current needs and priorities. Our internal committees — Health and Human Services, Judiciary and Public Safety, Transportation and Infrastructure, Finance and General Government, Environmental and Regulatory Affairs and Agriculture and Tourism — have played a crucial role in shaping these documents.

These platforms are critical in helping MAC staff respond to legislative developments and advocate for the interests of counties across Michigan.

Amendment process

MAC’s By-laws (Article III) state:

“Section 6 Platform. A member wishing to submit an amendment to the MAC Platform shall submit the amendment to MAC at least five (5) days prior to the opening day of the MAC Annual Conference. Such amendment will require a majority vote at the annual meeting to be adopted.

“An amendment to the MAC Platform may be presented from the floor during the annual meeting. Such amendment will require a 2/3 majority vote of the members at the meeting at which a quorum is initially established to be adopted.”

To meet the submission deadline, the text of an amendment must be sent to despins@micounties.org by 5 p.m. on Sept. 17.

The final vote on the platforms will take place during our Annual Business Meeting on Thursday, Sept. 26. Your participation in this process is essential, and we look forward to your input and involvement.

For more information, contact Governmental Affairs Director Deena Bosworth at bosworth@micounties.org.

Security threats on local officials will be focus of MAC conference session

Statewide headline this week: As election nears, Michigan, other states confront intimidation of clerks.

As your association, MAC is committed to policy and educational briefings that tackle emerging issues. To that end, the 2024 Annual Conference will feature a plenary session on security concerns led by experts from the Federal Bureau of Investigation (FBI) and the Michigan State Police (MSP).

FBI Special Agent Kaylee Barker and Intelligence Analyst Nishawn Spiller will discuss the bureau’s Election Crimes Coordinator Program, then Ryan Rich of the MSP will present on the “Current Threat Environment for Elected Officials.”

To see this briefing, though, you must attend the conference, for which online registration will continue for only one more week.

The three-day event also will feature:

• The 2024 President’s Banquet on Sept. 25
• The Welcome Reception on Sept. 24
• An optional new session called “Women of MAC” on Sept. 24
• MAC’s Annual Business Meeting on Sept. 26
• Elections for five MAC board seats via regional caucuses on Sept. 25

For registration questions, first review MAC’s website, then contact Tammi Connell at connell@micounties.org.

 

Counties now can see projected revenue sharing amounts for FY25