Bill Text: MI HB6437 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Public employees and officers; other; request process for the gubernatorial removal of certain elected officials; create. Creates new act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-10-17 - Bill Electronically Reproduced 10/04/2018 [HB6437 Detail]
Download: Michigan-2017-HB6437-Introduced.html
HOUSE BILL No. 6437
October 4, 2018, Introduced by Reps. Yaroch and Marino and referred to the Committee on Elections and Ethics.
A bill to create a request process for the gubernatorial
removal of certain elected officials; and to prescribe the powers
and duties of certain state officers.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Political subdivision" means a county, city, village,
township, charter township, or school district of this state.
(b) "School district" means a school district, a local school
district, or an intermediate school district, as those terms are
defined in the revised school code, 1976 PA 451, MCL 380.1 to
380.1852, or a community college district under the community
college act of 1966, 1966 PA 331, MCL 389.1 to 389.195.
Sec. 2. (1) An individual who is a resident of this state may
request that the governor remove or suspend from office for gross
neglect of duty or for corrupt conduct in office, or for any other
misfeasance or malfeasance in office, an elected officer of a
political subdivision. A request made under this subsection must
meet all of the following requirements:
(a) Be in writing.
(b) Be submitted to the governor.
(c) Specify the charges of gross neglect of duty or corrupt
conduct in office, or any other misfeasance or malfeasance in
office, made by the individual against the elected officer.
(d) Include evidence of the elected officer's gross neglect of
duty or corrupt conduct in office, or any other misfeasance or
malfeasance in office.
(e) Include an affidavit of the individual making the charges
verifying that the individual believes the charges to be true.
(2) Within 60 days after receiving a request under subsection
(1), the governor shall do both of the following:
(a) Review the request to determine whether the evidence
supports a finding of gross neglect of duty or corrupt conduct in
office, or any other misfeasance or malfeasance in office, by the
elected official.
(b) Notify the requestor of the determination made under
subdivision (a).
(3) The governor may consider the determination under
subsection (2)(a) in exercising his or her powers and duties under
any law of this state relating to the removal of an elected officer
of a political subdivision.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.
