Bill Text: MI SB0905 | 2013-2014 | 97th Legislature | Introduced

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

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2014-04-23 - Referred To Committee On Local Government And Elections [SB0905 Detail]

Download: Michigan-2013-SB0905-Introduced.html

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SENATE BILL No. 905

 

 

April 23, 2014, Introduced by Senators JONES, NOFS and MARLEAU and referred to the Committee on Local Government and Elections.

 

 

 

     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

 

authorize for filing in the circuit court a complaint 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 nor 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.