Bill Text: MI HB5665 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Education; governing boards; process for removal or suspension of school board member or intermediate school board member; modify. Amends sec. 619 & 1107 of 1976 PA 451 (MCL 380.619 & 380.1107).
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2020-03-25 - Bill Electronically Reproduced 03/25/2020 [HB5665 Detail]
Download: Michigan-2019-HB5665-Introduced.html
HOUSE BILL NO. 5665
March 17, 2020, Introduced by Reps. Yaroch,
Vaupel and Marino and referred to the Committee on Elections and Ethics.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 619 and 1107 (MCL 380.619 and 380.1107), as added by 2004 PA 234.
the people of the state of michigan enact:
Sec. 619. (1) The governor may remove or suspend a member of an intermediate
school board from office under this section if the governor is satisfied from
the evidence submitted to the governor that the member is guilty of gross
neglect of duty, corrupt conduct in office, or any other misfeasance or
malfeasance in office.
(2) Before the governor
removes or suspends an
intermediate school board member under this section, all of the following
procedures shall must be followed:
(a) Charges shall must be submitted to the governor in
writing specifying the grounds for removal or suspension. The charges shall must be accompanied by any supporting
evidence and by the affidavit of the person making the charges verifying that
the person believes the charges to be true.
(b) A copy of the charges
shall must be served on the intermediate school
board member. Service shall must be made as follows:
(i) If the intermediate school board member can be found, by
handing the intermediate school board member a copy of the charges and of any
affidavits or exhibits accompanying the charges.
(ii) If the intermediate
school board member cannot be found, by leaving a copy of the charges and of
any affidavits or exhibits accompanying the charges with a person of suitable
age at the intermediate school board member's last known place of residence or,
if a person of suitable age is not available, by posting the copy or copies in
a conspicuous place at the intermediate school board member's last known place
of residence.
(c) The intermediate school board member shall must be given an
opportunity to respond to the charges.
(d) Within 60 days after receiving charges under this subsection,
the governor shall do both of the following:
(i) Review the charges to determine whether
the evidence supports a finding of gross neglect of duty, corrupt conduct in
office, or any other misfeasance or malfeasance in office by the intermediate
school board member.
(ii) Notify the person making the charges of
the determination made under subparagraph (i).
(3) The governor may consider the determination under
subsection (2)(d)(i) in exercising his or her powers and
duties under any law of this state relating to the removal of an intermediate
school board member.
(4) (3) A person removed from office under this section
is not eligible for election or appointment to a school board or intermediate
school board for a period of 3 years from the date of removal.
Sec. 1107. (1) The governor may remove or suspend a member of a school board
from office under this section if the governor is satisfied from the evidence
submitted to the governor that the member is guilty of gross neglect of duty,
corrupt conduct in office, or any other misfeasance or malfeasance in office.
(2) Before the governor
removes or suspends a school
board member under this section, all of the following procedures shall must be followed:
(a) Charges shall must be submitted to the governor in
writing specifying the grounds for removal or suspension. The charges shall must be accompanied by any supporting
evidence and by the affidavit of the person making the charges verifying that
the person believes the charges to be true.
(b) A copy of the charges
shall must be served on the school board
member. Service shall must be made as follows:
(i) If the school board member can be found, by handing the
school board member a copy of the charges and of any affidavits or exhibits
accompanying the charges.
(ii) If the school
board member cannot be found, by leaving a copy of the charges and of any
affidavits or exhibits accompanying the charges with a person of suitable age
at the school board member's last known place of residence or, if a person of
suitable age is not available, by posting the copy or copies in a conspicuous
place at the school board member's last known place of residence.
(c) The school board member shall must be given an opportunity to respond to
the charges.
(d) Within 60 days after receiving charges under this
subsection, the governor shall do both of the following:
(i) Review the charges to determine whether
the evidence supports a finding of gross neglect of duty, corrupt conduct in
office, or any other misfeasance or malfeasance in office by the school board
member.
(ii) Notify the person making the charges of
the determination made under subparagraph (i).
(3) The governor may consider the determination under
subsection (2)(d)(i) in exercising his or her powers and
duties under any law of this state relating to the removal of a school board
member.
(4) (3) A person removed from office under this section
is not eligible for election or appointment to a school board or intermediate
school board for a period of 3 years from the date of removal.
