Bill Text: MI HB4860 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Townships: charter; conflict of interest policy for township officials; require. Amends sec. 7 of 1947 PA 359 (MCL 42.7).
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Introduced) 2023-09-13 - Referred To Second Reading [HB4860 Detail]
Download: Michigan-2023-HB4860-Introduced.html
HOUSE BILL NO. 4860
A bill to amend 1947 PA 359, entitled
"The charter township act,"
by amending section 7 (MCL 42.7), as amended by 1992 PA 15.
the people of the state of michigan enact:
Sec. 7. (1) The township board shall provide by resolution for the time, date, and place of the board's regular meetings, and shall hold at least 1 regular meeting each month. If a time set for the holding of a regular meeting of the township board is a holiday, then the regular meeting shall must be held at the same time and place on the next day that is not a Saturday, Sunday, or holiday.
(2) A special meeting of the township board shall must be called by the township clerk pursuant to subsection (3) on the written request of the supervisor or of 2 members of the township board and on at least 24 hours' written notice to each member of the township board. The notice shall must designate the time, place, and purpose of the meeting and shall must be served personally or left at the member's usual place of residence by the township clerk or someone designated by the township clerk.
(3) The business that the board may perform shall must be conducted at a public meeting of the board held in compliance with the open meetings act, Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws. 1976 PA 267, MCL 15.261 to 15.275. Public notice of the time, date, and place of the meeting shall must be given in the manner required by Act No. 267 of the Public Acts of 1976.the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(4) Business shall Except as otherwise provided in this subsection, business must not be transacted at a special meeting of the township board unless the business has been was stated in the notice of the meeting. However, if If all the members of the board are present at a special meeting, then business that might lawfully come before a regular meeting of the board may be transacted at the special meeting.
(5) Four members of the township board are a quorum for the transaction of business at a meeting, but, in the absence of a quorum, 2 members may adjourn a regular or special meeting to a later date.
(6) The township board shall determine its own rules and order of business and shall keep a journal minutes of its proceedings in the English language. The journal shall minutes must be signed by the supervisor and the township clerk. The vote upon the passage of an ordinance , and upon the adoption of a resolution and ordinance shall must be taken by yes and no votes and shall must be entered upon the record, except that if the vote is unanimous, it shall must only be necessary to record that fact. Except as otherwise provided in this subsection, a member of the township board who is recorded as present shall vote on all questions decided by the board unless excused by the unanimous consent of the other members present. the board member has a legal conflict. If a board member has a legal conflict, the board member shall announce the member's intent to abstain from voting and disclose on the official record the factual basis for the abstention. If, at a meeting of the township board, a member of the township board states that he or she the member desires to be appointed by the township board to fill a vacancy in a township office, that member may abstain from voting on the appointment to fill the vacancy. A board member must be recognized immediately for the purpose of an abstention. As used in this subsection, "legal conflict" means a situation in which the private interest of a board member may influence the board member in the performance of the board member's duties or responsibilities under this act. A legal conflict includes, but is not limited to, either of the following:
(a) An action that could have a substantial impact on the financial interests of the board member, the immediate family of the board member, or an organization with which the board member is associated.
(b) A question that involves the conduct of a board member, including, but not limited to, an allegation the board member violated a township ordinance, rule, or policy.
(7) A writing prepared, owned, used, in the possession of, or retained by the board in the performance of an official function shall must be made available to the public in compliance with the freedom of information act, Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws.1976 PA 442, MCL 15.231 to 15.246.
(8) The township board, by vote of not less than 2 members, may compel the attendance of board members and other officers of the township at a regular or special meeting and enforce orderly conduct in the meeting. A member of the board or any other officer of the township who refuses to attend a meeting or conduct himself or herself act in an orderly manner is guilty of misconduct in office. The township marshal shall serve serves as the sergeant-at-arms of the township board in the enforcement of this section.
