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AI- 2868   12. B. 11.    
BOC Regular
Meeting Date: 05/02/2019  
Approval of the Compensation for Board of Canvassers Members and Assistants
FROM: Jim Dyer, Corporation Counsel, Corporation Counsel
Department: Corporation Counsel  

Information
RESOLUTION:
Resolved, that after consultation with the Calhoun County Clerk/Register of Deeds, the Calhoun County Board of Commissioners does adopt the attached Policy for Compensation of the Calhoun County Board of Canvassers and Assistants, determines that the policy appropriately compensates the Board of County Canvassers and any Assistants it employes, and authorizes the Clerk/Register of Deeds to compensate Members and Assistants in accordance with the attached Policy.
RECOMMENDATION:
The Clerk/Register of Deeds, County Administration and the Corporation Counsel recommend adoption of the Resolution to implement a change in the law effective March 28, 2019, and assure that proper payments can be made at the May 9, 2019 Meeting of the Board of Canvassers.
BACKGROUND:
Effective March 28, 2019, the Michigan Election Law of 1954 was amended. This amendment changed the way that compensation was determined for the Board of County Canvassers. A mark-up copy of the amended statute is attached for your review. The relevant changes are in Section 28.

Among other things, the Board of County Canvassers certifies elections, conducts recounts and performs other functions related to the electoral process. Prior to this recent amendment, the compensation of the Board of County Canvassers was determined by a formula that was tied to a percentage of the compensation for County Commisioners. The new statute requires that the County Board of Commissioners sets that compensation for both Board members and assistants. It further provides, that the Board ". . .shall consult with the County Clerk to determine the compensation for the Board of County Canvassers and any assistants employed by the County Board of Canvassers."

The attached policy represents the Clerk/Register's recommendation for compensation for the Board Members and Assistants, who are hired to perform administrative and ministerial functions for Board Members. The recomended policy represents a ten dollar per day increase in compensation, and continued payment of mileage, the cost of state mandated training, and a lunch provided by the Clerk/Register, when the Board works a full day. The daily rate was established after a review of the rates paid by other Counties to their Boards of Canvassers, and comments by past and current Board members.

It is the opinion of the Corporation Counsel that the proposed policy meets the requirements of the amended statute, and that adoption of the policy proposed by the Clerk Register satisfies the amended statute's requirement of "consultation with the County Clerk."

Finally, though Board Rule 15 prohibits Board of Commission members from receiving "per diem" payment for service as a Commissioner, this Rule does not constrain the use of this payment method for other Boards. In fact, Rule 15 recognizes that this payment method is acceptable for other Boards since it provides that  ". . .nothing within this provision shall prohibit a Board member from receiving per diem payment for service on a statutory or other outside board or commission." Given that the Board of Canvassers meets on an as needed basis, a per diem rate is an appropriate means of compensation.
ALTERNATIVES:
As may be presented by the Board. Approval is necessary to assure the Board of Canvassers can meet, and be compensated, for its next meeting on May 9, 2019.
SUMMARY:
The Clerk/Register of Deeds, County Administration and the Corporation Counsel recommend adoption of the Resolution to implement a change in the law effective March 28, 2019, and assure that that proper payments can be made at the May 2019 Meeting of the Board of Canvassers.

Fiscal Impact
BUDGETARY IMPACT:
None anticipated. The increase in pay, as proposed, has been factored into the fiscal 2019 budget. The payment of mileage, training and food expenses have been budgeted in the past, and are also carried forward into the 2019 budget.
Attachments
Proposed Compensation Policy
2019 Election Law Amendment

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