Bill Text: MI SB0431 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Public employees and officers; other; removal procedure from elective office; specify for removal based on financial grounds. Amends 1968 PA 2 (MCL 141.421 - 141.440a) by adding sec. 19a.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-07-01 - Referred To Committee On Elections And Government Reform [SB0431 Detail]

Download: Michigan-2015-SB0431-Introduced.html

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SENATE BILL No. 431

 

 

July 1, 2015, Introduced by Senator JONES and referred to the Committee on Elections and Government Reform.

 

 

 

     A bill to amend 1968 PA 2, entitled

 

"Uniform budgeting and accounting act,"

 

(MCL 141.421 to 141.440a) by adding section 19a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 19a. (1) By a 2/3 majority vote of the members serving on

 

its governing body, a city, village, county, or township may bring

 

an action in the circuit court for removal of an elective officer

 

of that governmental unit. The grounds for removal must be 1 or

 

more of the following, which shall be specified in the complaint:

 

     (a) The officer committed misfeasance, malfeasance, or

 

nonfeasance in office pertaining to the custody of or accounting

 

for public money.

 

     (b) The officer failed to obtain or maintain a bond

 

statutorily required for the office in the amount and manner and

 

within the time prescribed by law.

     (2) The circuit court shall schedule and hold a hearing on the

 

complaint not less than 30 days or more than 60 days after the date

 

the officer who is the subject of the complaint is served with

 

notice of the action and a copy of the complaint.

 

     (3) After a hearing and an opportunity to present evidence,

 

the court shall either dismiss the complaint or issue an order

 

indicating its finding by a preponderance of the evidence that the

 

officer acted as described in subsection (1)(a) or (b) and

 

declaring the office immediately vacated.

 

     (4) An action under this section is in addition to any remedy

 

for removal of a public officer provided in law or municipal

 

charter.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.