[Michlib-l] Staff bonuses

[Membiela, Clare (MDE)]

Hello Rebecca:

Michigan has prohibitions and restrictions on Bonuses outside of the employment contract for public officers and agents (Article XI, Sec. 3 Michigan Constitution<http://legislature.mi.gov/doc.aspx?mcl-Article-XI-3>), but this prohibition has been interpreted to NOT include public employees such as library employees who are not officers or agents. (see Mi Atty Gen Op 6643  6/14/1990<http://www.ag.state.mi.us/opinion/datafiles/1990s/op06643.htm>, Mi Atty Gen Op 6862 7/28/1995<http://www.ag.state.mi.us/opinion/datafiles/1990s/op06862.htm>)

HOWEVER, the legal authority I have seen seems to lean against extra compensation for a public employee – unless that extra compensation is included within the employment agreement or contract of the employee (in other words if the current employment arrangement already include the possibility of bonuses.).

I suggest that you contact your library attorney or municipal attorney. Additionally your auditor or municipal; treasurer may also be able to confirm this and advise you.

Please don’t hesitate to contact me if I can be of any assistance!

Sincerely,
Clare


Clare D. Membiela, MLS, J.D.
Library of Michigan
MembielaC at michigan.gov<mailto:MembielaC at michigan.gov>
517-335-8132

The research and resources above are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.


Nourishing Michigan’s Future…during school and during the summer!  Find a Summer Food Service Program site nearest you and encourage Michigan’s children to Meet Up and Eat Up!    www.michigan.gov/meetupeatup<http://www.michigan.gov/meetupeatup>

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From: michlib-l-bounces at mcls.org [mailto:michlib-l-bounces at mcls.org] On Behalf Of Rebecca Higgerson via Michlib-l
Sent: Thursday, August 24, 2017 12:33 PM
To: MICHLIB-L <michlib-l at mail.mcls.org>
Subject: [Michlib-l] Staff bonuses

Do any libraries provide a monetary staff bonus at the end of the year?  Not related to longevity of service or other automatic fringe benefits, etc.  I’m not sure if it would even be legal or appropriate.  Asking for a friend. ☺

Thanks in advance!!

Rebecca Higgerson
Director
Brandon Twp Public Library
304 South Street
Ortonville MI 48462
248-627-1474
248-627-9880 (fax)

“We enhance and strengthen community by providing open access to educational information, recreational materials, and programs that enrich lives and promote lifelong learning.”


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