Bill Text: MI HB5571 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Retirement; pension oversight; salary cap for a public pension of employees under the charter county law; provide for. Amends secs. 14 & 15 of 1966 PA 293 (MCL 45.514 & 45.515). TIE BAR WITH: HB 5572'09
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-11-04 - Printed Bill Filed 11/04/2009 [HB5571 Detail]
Download: Michigan-2009-HB5571-Introduced.html
HOUSE BILL No. 5571
November 3, 2009, Introduced by Rep. Miller and referred to the Committee on Labor.
A bill to amend 1966 PA 293, entitled
"An act to provide for the establishment of charter counties; to
provide for the election of charter commissioners; to prescribe
their powers and duties; to prohibit certain acts of a county board
of commissioners after the approval of the election of a charter
commission; to prescribe the mandatory and permissive provisions of
a charter; to provide for the exercise by a charter county of
certain powers whether or not authorized by its charter; and to
prescribe penalties and provide remedies,"
by amending sections 14 and 15 (MCL 45.514 and 45.515), section 14
as amended by 2005 PA 208 and section 15 as amended by 1980 PA 7.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 14. (1) A county charter adopted under this act shall
provide for all of the following:
(a) In a county having a population of less than 1,500,000,
for a salaried county executive, who shall be elected at large on a
partisan basis, and for the county executive's authority, duties,
and responsibilities. In a county having a population of 1,500,000,
or more, a county charter adopted under this act shall provide for
a form of executive government described and adopted under section
11a.
(b) The election of a legislative body to be known as the
county board of commissioners, whose term of office shall be
concurrent with that of state representatives, and for their
authority, duties, responsibilities, and number which shall be not
less than 5 nor more than 21 in counties of less than 600,000, and
not less than 5 nor more than 27 in counties of 600,000 or more.
The county board of commissioners shall provide by ordinance for
their compensation and may increase or decrease their compensation.
A change in compensation shall not be effective during the term of
office for which the legislative body making the change was
elected. The charter shall also provide for the partisan election
of members of the legislative body from single member districts to
be established by the county apportionment commission as created in
section 5 and pursuant to the standards and guidelines established
in section 5 for reapportionment based upon the last official
federal decennial census, effective at the first regular general
election of the members of the legislative body occurring not less
than 12 months after the completion and certification of the
federal census. Each city and township shall be apportioned so that
it has the largest possible number of complete districts within its
boundaries before any part of the city or township is joined to
territory outside the boundaries of the city or township to form a
district.
(c) The partisan election of a sheriff, a prosecuting
attorney, a county clerk, a county treasurer, and a register of
deeds, and for the authority of the county board of commissioners
to combine the county clerk and register of deeds into 1 office as
authorized by law.
(d) Except as provided in subdivision (c), the continuation of
all existing county offices, boards, commissions, and departments
whether established by law or by action of the county board of
commissioners; the performance of their respective duties by other
county offices, boards, commissions, and departments; or for the
discontinuance of these county offices, boards, commissions, and
departments. Notwithstanding this subdivision in relation to
existing county offices, boards, commissions, and departments, a
county charter shall insure the following:
(i) Except as otherwise provided under subsection (2), in a
county having a population of less than 1,500,000, the charter
shall not be in derogation of the powers and duties of the county
road commission in the exercise of their statutory duties
concerning the preservation of a county road system. The charter
for these counties shall provide for the creation of a commission
consisting of not fewer than 3 or more than 5 members. Not less
than 1 member of the commission shall be a resident of a township
within the county.
(ii) Except as otherwise provided in subsection (2), in a
county having a population of 1,500,000 or more, the charter shall
provide for the continuation of a county road system within the
county. Notwithstanding any other provisions of this act, the
charter described in this subparagraph shall provide that
responsibility for the determination of the expenditure of all
funds for road construction and road maintenance, and for carrying
out the powers and duties pertaining to a county road system as
provided in sections 9 to 32 of chapter 4 of 1909 PA 283, MCL 224.9
to 224.32, shall be vested in a commission consisting of not fewer
than 3 or more than 5 members. The charter shall provide that 1
member of the commission shall be a resident of the most populous
city in the county, 1 member shall be a resident of a city other
than the most populous city within the county, and that 1 member
shall be a resident of a township within the county. The charter
shall provide that the commission shall be appointed by either the
elected county executive or the chief administrative officer.
Appointment to the commission shall require advice and consent by a
majority of the county board of commissioners elected and serving
not more than 60 days after the appointment. If the county board of
commissioners does not vote on the appointment within 60 days, the
appointment shall become final. The charter may provide for the
number of members and a fixed term of years for the members of the
commission, but the charter shall provide that the members of the
commission may be removed at the pleasure of the elected county
executive or the chief administrative officer. The charter shall
specify duties and procedures to assure that administrative
decisions made for road construction shall be coordinated with
administrative decisions made for other programs which relate to
roads. As used in this subparagraph, "road construction" means all
of the following:
(A) The building of a new road or street and the improving of
an existing road or street by correction grades, drainage
structures, width, alignment, or surface.
(B) The building of bridges or grade separations and the
repair of these structures by strengthening, widening, and the
replacement of piers and abutments.
(C) The initial signing of newly constructed roads or streets,
major resigning of projects, and the installation, replacement, or
improvement of traffic signals.
(e) The continuation and implementation of a system of
pensions and retirement for county officers and employees in those
counties having a system in effect at the time of the adoption of
the charter. The system provided under the charter shall recognize
the accrued rights and benefits of the officers and employees under
the system then in effect. The charter shall not infringe upon nor
be in derogation of those accrued rights and benefits. The charter
shall not preclude future modification of the system.
(f) The continuation and implementation of a system of civil
service in those counties having a system at the time of the
adoption of the charter. The system of civil service provided under
the charter shall recognize the rights and status of persons under
the civil service system then in effect. The charter shall not
infringe upon nor be in derogation of those rights and that status.
The charter shall not preclude future modification of the system.
Except as provided in subdivision (d), the charter shall provide
that the system of civil service be coordinated among the county
offices, boards, commissions, and departments.
(g) That the general statutes and local acts of this state
regarding counties and county officers shall continue in effect
except to the extent that this act permits the charter to provide
otherwise, if the charter does in fact provide otherwise.
(h) That all ordinances of the county shall remain in effect
unless changed by the charter or an ordinance adopted under the
charter.
(i) The power and authority to adopt, amend, and repeal any
ordinance authorized by law, or necessary to carry out any power,
function, or service authorized by this act and by the charter.
(j) The power and authority to enter into any
intergovernmental contract which is not specifically prohibited by
law.
(k) The power and authority to join, establish, or form with
any other governmental unit an intergovernmental district or
authority for the purpose of performing a public function or
service, which each is authorized to perform separately, the
performance of which is not prohibited by law.
(l) A debt limit of not to exceed 10% of the state equalized
value of the taxable property within the county.
(m) The levy and collection of taxes, the fixing of an ad
valorem property tax limitation of not to exceed 1% of the state
equalized value of the taxable property within the county, and that
the levy of taxes from within this ad valorem property tax
limitation shall not exceed, unless otherwise approved by the
electors, the tax rate in mills, equal to the number of mills
allocated to the county either by a county tax allocation board or
by a separate tax limitation under the property tax limitation act,
1933 PA 62, MCL 211.201 to 211.217a, in the year immediately
preceding the year in which the county adopts a charter.
(n) Initiative and referendum on all matters within the scope
of the county's power and authority; and for the recall of all
county officials.
(o) Amendment or revision of the charter initiated either by
action of the legislative body of the county or by initiatory
process. An amendment or revision shall not become effective unless
the amendment or revision is submitted to the electorate of the
county and approved by a majority of those voting.
(p) That the acquisition, operation, and sale of public
utility facilities for furnishing light, heat, or power shall be
subject to the same restrictions as imposed on cities and villages
by the state constitution of 1963 and applicable law.
(q) Annual preparation, review, approval, and adherence to a
balanced budget in a manner which assures coordination among the
county offices, boards, commissions, and departments, except as
provided in subdivision (d).
(r) An annual audit by an independent certified public
accountant of all county funds.
(s) That a county that incurs a budget deficit in any fiscal
year shall prepare and submit a detailed and specific 5-year plan
for short term financial recovery and long range financial
stability to the governor and the legislature, before adoption of
the next annual county budget, for review. The 5-year plan shall
include, but not be limited to, a projection of annual revenues and
expenditures, an employee classification and pay plan, a capital
improvements budget, and equipment replacement schedules.
(2) Subsection (1)(d) shall not apply to a county in which the
charter is amended to provide for an alternative method of carrying
out the powers and duties which are otherwise provided by law for a
board of county road commissioners.
(3) The county board of commissioners may by resolution
provide for staggered terms of office for the road commissioners
under subsection (1)(d) so that not more than 2 road commissioners'
terms of office expire in the same year.
(4) Notwithstanding anything in this section to the contrary,
no pension paid under this section shall be paid with a pension
amount calculated that is based on a salary that is higher than the
salary of the governor of this state at the time the pension is
calculated. This subsection does not modify terms relating to a
pension granted under the authority of this section under which a
recipient of the pension retired before the effective date of the
amendatory act that added this subsection. If a collective
bargaining agreement or other binding agreement is in effect on the
effective date of the amendatory act that added this subsection and
the collective bargaining agreement or other binding agreement
affects a pension granted under this section, the pension shall be
administered in accordance with the collective bargaining agreement
or other binding agreement until the expiration of the collective
bargaining agreement or other binding agreement if there is a
conflict between this subsection and the collective bargaining
agreement or other binding agreement.
Sec. 15. (1) A county charter adopted under the provisions of
this act may provide for 1 or more of the following:
(a) The office of corporation counsel, public defender,
auditor general, and all other offices, boards, commissions, or
departments necessary for the efficient operation of county
government. The charter may also provide for the power and
authority to establish, by ordinance, other offices, boards,
commissions, and departments as may become necessary.
(b) That the legislative body of any unit of government which
is wholly or partially within the county may transfer, subject to
the approval of the legislative body of the county and upon
mutually agreed conditions, any municipal function or service to
the county if the performance of that function or service, by the
county is not specifically prohibited by law, and if the function
or service is offered on a county-wide basis.
(c) The authority to perform at the county level any function
or service not prohibited by law, which shall include, by way of
enumeration and not limitation: Police protection, fire protection,
planning, zoning, education, health, welfare, recreation, water,
sewer, waste disposal, transportation, abatement of air and water
pollution, civil defense, and any other function or service
necessary or beneficial to the public health, safety, and general
welfare of the county. Powers granted solely by charter may not be
exercised by the charter county in a local unit of government which
is exercising a similar power without the consent of the local
legislative body. The cost of any service authorized by charter to
be performed by the county, may be determined by negotiation
between the local unit of government and the charter county and
this cost shall be charged to the local unit of government or area
benefited by the service, unless it is rendered on a county-wide
basis in which event the cost may be paid from the general fund of
the county. If a function exercised by a local unit of government
is transferred to the county and becomes a county function financed
through the general fund of the county, the county shall reimburse
a local unit of government a negotiated sum representing the value
of the transferred capital assets of the function owned by and paid
for by the local unit of government, including outstanding bonded
indebtedness of the local unit of government.
(d) The establishment and maintenance, either within or
outside of the county corporate limits, of roads, parks,
cemeteries, hospitals, medical facilities, airports, ports, jails,
water supply and transmission facilities, sewage transmission and
disposal systems, all public works, or other types of facility
necessary to preserve and provide effectively for the public
health, safety, and general welfare of the county.
(e) The power and authority to levy and collect any taxes,
fees, rents, tolls, or excises, the levy and collection of which is
authorized by law. A tax on income may not be levied by the county
unless authorized by law.
(f) A system of retirement for county officers and employees.
(g) A classified civil service or merit system for county
officers and employees, except those officers and employees who are
expressly exempted from civil service by either the state
constitution of 1963 or statute.
(h) The election or appointment of a drain commissioner.
(2) Notwithstanding anything in this section to the contrary,
no pension paid under this section shall be paid with a pension
amount calculated that is based on a salary that includes overtime
pay. This subsection does not modify terms relating to a pension
granted under the authority of this section under which a recipient
of the pension retired before the effective date of the amendatory
act that added this subsection. If a collective bargaining
agreement or other binding agreement is in effect on the effective
date of the amendatory act that added this subsection and the
collective bargaining agreement or other binding agreement affects
a pension granted under this section, the pension shall be
administered in accordance with the collective bargaining agreement
or other binding agreement until the expiration of the collective
bargaining agreement or other binding agreement if there is a
conflict between this subsection and the collective bargaining
agreement or other binding agreement.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5572(request no.
04599'09) of the 95th Legislature is enacted into law.
