Sections 42, 43(o)(3)(v) Note: 43(o)(3)(v) is now 43(o)(iii)(E)
EXCLUDED EMPLOYMENT, Policymaking positions, Statutory exclusions from "employment"
CITE AS: Maguire v Charter Township of Shelby , Macomb Circuit Court, No. 95-1828-AE (February 28, 1996).
Appeal pending: No
Claimants: Joseph Maguire, Frances Gillett, Kirby Holmes
Employer: Charter Township of Shelby
Docket No. L91-11605-2320
CIRCUIT COURT HOLDING: Where claimants resigned from non-tenured policymaking/advisory positions to which they were elected and were then hired or appointed to tenured, non-policymaking, non-advisory positions, their services were not excluded even if they essentially continued the same type of work as before.
FACTS: Claimants were elected to positions as township clerk, supervisor and treasurer in November 1988. They all resigned in June 1989, and were appointed to subordinate positions within the township. They were all removed following the November 7, 1990, election. Employer argues the claimants should be denied benefits because of the Section 43(o)(3)(v) exclusion of high level policymakers in that they were performing policymaking functions even after they left office for their appointed positions and could no longer vote at trustee meetings.
DECISION: The claimants' employment was not statutorily excluded under Section 43(o)(3)(v).
RATIONALE: Claimants no longer had ultimate policymaking authority after June 1989, even though they may have rendered great assistance to the policymakers who replaced them.
24, 12, 18: J