Bill Text: MI HB4076 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Counties; employees and officers; removal of county executive by governor under certain circumstances; provide for. Amends title & secs. 9 & 9a of 1973 PA 139 (MCL 45.559 & 45.559a) & adds sec. 9b.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-01-23 - Printed Bill Filed 01/23/2013 [HB4076 Detail]
Download: Michigan-2013-HB4076-Introduced.html
HOUSE BILL No. 4076
January 22, 2013, Introduced by Rep. Slavens and referred to the Committee on Local Government.
A bill to amend 1973 PA 139, entitled
"An act to provide forms of county government; to provide for
county managers and county executives and to prescribe their powers
and duties; to abolish certain departments, boards, commissions,
and authorities; to provide for transfer of certain powers and
functions; to prescribe powers of a board of county commissioners
and elected officials; to provide organization of administrative
functions; to transfer property; to retain ordinances and laws not
inconsistent with this act; to provide methods for abolition of a
unified form of county government; and to prescribe penalties and
provide remedies,"
by amending the title and sections 9, and 9a (MCL 45.559 and
45.559a), the title as amended by 1998 PA 201 and section 9 as
amended and section 9a as added by 2003 PA 281, and by adding
section 9b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to provide forms of county government; to provide for
county managers and county executives and to prescribe their powers
and duties; to provide for the removal of a county executive; to
abolish certain departments, boards, commissions, and authorities;
to provide for transfer of certain powers and functions; to
prescribe powers of a board of county commissioners and elected
officials; to provide organization of administrative functions; to
transfer property; to retain ordinances and laws not inconsistent
with this act; to provide methods for abolition of a unified form
of county government; and to prescribe penalties and provide
remedies.
Sec. 9. (1) A county executive who is a qualified elector in
the county shall be elected on a partisan basis for a term of 4
years concurrent with the term of the county prosecuting attorney,
county clerk, county register of deeds, county treasurer, county
sheriff, elected county auditors, and county drain commissioner. If
a county executive is elected at an election different than the
election for county officers, his or her first term shall extend
only until the January following the election for county officers.
(2) The first county executive may be nominated in the same or
next primary or general election held after the election in which
alternate B is approved. The county executive shall then be elected
in the next regular primary or general election occurring not less
than 30 days nor more than 90 days after the date of the election
in which alternate B is approved or in which he or she was
nominated. If a primary or general election is not scheduled during
that period, the board of county commissioners shall call a special
election to elect a county executive. The county executive shall be
nominated and elected pursuant to the laws applicable to the
nomination and election of other county officials.
(3) If the first election of a county executive is a special
election for that purpose only, and only 1 candidate for each
political party qualifies to have his or her name appear on the
primary ballot, a primary election shall not be held, and the
candidate qualifying shall be certified as the nominee of the
political party for which he or she filed.
(4) Except as provided under section 9a, if the office of
elected county executive becomes vacant due to resignation,
removal, or death, the vacancy shall be filled by appointment of
the board of county commissioners until the next general election.
A new county executive shall be elected at the next general
election after the resignation, removal, or death of a county
executive and in the manner provided in this section for the
election of county executives. The newly elected county executive
shall serve a term equal to the balance of the term for which the
county executive who resigned, was removed, or died was elected.
(5) The salary of the county executive for the initial term
shall be established by the board of county commissioners at least
6 months before the effective date of the optional unified form of
county government, containing alternate B. The salary shall be
established by the board consistent with the procedures established
for other elected officials. The county executive's salary shall be
commensurate with the duties and responsibilities of the office.
The salary of a county executive shall not be reduced during his or
her term of office except as part of a general salary reduction.
Sec. 9a. (1) For counties with a population of more than
1,000,000, if a vacancy occurs in the office of the elected county
executive due to death, removal, or resignation of the elected
county executive, the chief deputy shall take the constitutional
oath of office and serve as the county executive until the county
board of commissioners appoints a successor to the elected county
executive or until a special election is held as provided by law.
(2) If the county board of commissioners elects to appoint a
successor, the appointment shall be made no later than 30 days from
the date of the death, removal, or resignation. A county executive
appointed by the county board of commissioners shall serve until
the next general election. If the county board of commissioners
does not make an appointment within the required 30 days under this
subsection, a special election shall be held at the earliest
possible date allowed by law.
(3) If the chief deputy is unable to serve as the county
executive due to death, removal, or resignation of the chief
deputy, the next highest ranking deputy shall take the
constitutional oath of office and serve as the county executive
until the county board of commissioners appoints a successor as
provided under subsection (1) or until a special election is held
as provided by law.
(4) A new county executive shall be elected at the next
general election after the death, removal, or resignation of a
county executive as provided in section 9 for the election of
county executives. The newly elected county executive shall serve a
term equal to the balance of the term for which the county
executive who died, was removed, or resigned was elected.
(5) Within 10 days after being sworn in, the county executive
shall appoint a chief deputy. The county executive may also appoint
additional deputies whom he or she considers necessary to perform
the functions and duties of the office of elected county executive.
(6) The county executive shall file a statement with the
county clerk identifying the individual appointed as chief deputy
and all other individuals appointed as a deputy or assistant
deputy. The statement shall also identify the ranking order of the
deputies.
(7) If the county executive is absent or unable to perform the
duties of his or her office, the chief deputy shall perform the
duties of the county executive until such time that the elected
county executive can resume the duties of his or her office.
(8) The county executive may revoke his or her appointments at
any time.
Sec. 9b. (1) The governor may remove a county executive if the
governor is satisfied from the evidence submitted that the county
executive is guilty of official misconduct, willful neglect of
duty, extortion, or habitual drunkenness, or has been convicted of
being a drunk, or if it appears by a certified copy of the judgment
of a court of record of this state that the county executive, after
his or her election, has been convicted of a felony.
(2) Before the governor removes a county executive, all of the
following procedures shall be followed:
(a) Charges must be exhibited to the governor in writing
specifying the grounds for removal. The charges shall 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 must be served on the county
executive. Service shall be made as follows:
(i) If the county executive can be found, by handing to the
county executive a copy of the charges, together with all
affidavits or exhibits that may be attached to the charges.
(ii) If the county executive cannot be found, by leaving a copy
of the charges, together with all affidavits or exhibits that may
be attached to the charges, with a person of suitable age at the
county executive's last known place of residence or, if a person of
suitable age is not available, by posting a copy or copies in a
conspicuous place at the county executive's last known place of
residence.
(c) The county executive shall be given an opportunity to
respond to the charges.
(3) A county executive removed from office under this section
is not eligible for election or appointment to any office for a
period of 3 years from the date of the removal.
