Bill Text: MI HB5273 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Counties: charter; nonpartisan election of county executives; allow under certain circumstances. Amends secs. 11a & 14 of 1966 PA 293 (MCL 45.511a & 45.514) & adds sec. 14b.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-08-19 - Bill Electronically Reproduced 08/18/2021 [HB5273 Detail]
Download: Michigan-2021-HB5273-Introduced.html
HOUSE BILL NO. 5273
A bill to amend 1966 PA 293, entitled
"An act to provide for the establishment of charter counties; to provide for the election of charter commissioners; to prescribe their powers and duties; to prohibit certain acts of a county board of commissioners after the approval of the election of a charter commission; to prescribe the mandatory and permissive provisions of a charter; to provide for the exercise by a charter county of certain powers whether or not authorized by its charter; and to prescribe penalties and provide remedies,"
by amending sections 11a and 14 (MCL 45.511a and 45.514), section 11a as added by 1980 PA 7 and section 14 as amended by 2017 PA 210, and by adding section 14b.
the people of the state of michigan enact:
Sec. 11a. (1) In a county with a population of 1,500,000 or more the commission shall approve alternative charter proposals for simultaneous submission to the electors pursuant to under the provisions of this section.
(2) The commission shall approve for submission 2 alternative charter proposals not more than 180 days after the date of completing its organization as provided in section 10. If the commission fails to approve for submission 2 charter proposals within the 180-day period, the charter commission shall be is dissolved.
(3) Before either proposed charter is submitted to the electors, each proposed charter shall must be approved by a majority of the members elected to the commission with the vote and names of the members voting on each proposed charter entered in the journal.
(4) Except as to the method of selection of a chief administrative officer or an elected county executive; the veto power of the chief administrative officer or the elected county executive; and the removal of the chief administrative officer or the elected county executive, the 2 alternative charter proposals shall must not differ.
(5) One charter proposal shall must provide for a county executive elected at large on a partisan or nonpartisan basis.
(6) One charter proposal shall must provide for a chief administrative officer. The chief administrative officer shall be selected for a 4-year term of office by a majority of the county board of commissioners elected and serving, and the chief administrative officer may only be removed from office for cause by a 2/3 vote of the county board of commissioners elected and serving.
(7) A charter shall must be declared adopted by the electors if it receives more yes votes than no votes. If both charters receive more yes votes than no votes, the charter which that receives the higher number of yes votes shall must be declared adopted. An elector may vote yes or no on either, or both, of the charters.
(8) One charter proposal shall must provide for the duties and responsibilities of the elected county executive. The other charter proposal shall must provide for the duties and responsibilities of the chief administrative officer. Under each charter proposal, the duties and responsibilities of the elected county executive or chief administrative officer shall must not differ, except as provided in subsection (4), and at a minimum, shall must include the duty and responsibility to:
(a) Supervise, direct, and control the functions of all departments of the county except those headed by elected officials.
(b) Coordinate the various activities of the county and unify the management of its affairs.
(c) Enforce all orders, rules, and ordinances of the county board of commissioners and laws of the this state required to be enforced by his or her office.
(d) Prepare and submit to the county board of commissioners a recommended annual county budget and work program, and administer the expenditure of funds in accordance with appropriations. An elected officer, county road commissioner, or a body which that has the powers of a county road commission may appear before the board as to the officer's, commissioner's, or body's own budget. Not less than once each year the chief administrative officer or elected county executive shall submit to the county board of commissioners a proposed long-range capital improvement program and capital budget.
(e) Except elected officials, appoint, supervise, and at pleasure remove heads of departments and all boards and commissions.
(f) Submit recommendations to the board for the efficient conduct of county business.
(g) Report to the county board of commissioners on the affairs of the county and its needs, and advise the board not less than once each every 3 months on the financial condition of the county.
(9) The elected county executive may veto an ordinance or resolution adopted by the county board of commissioners including an item of an ordinance which that appropriates funds. The veto shall must be certified by the elected county executive to the board of county commissioners not more than 10 days from the date of adoption of an ordinance or resolution. The county board of commissioners may override the veto by a 2/3 vote of the county board of commissioners elected and serving.
(10) The ballot shall must contain voting instructions and a brief explanation of each charter presented.
Sec. 14. (1) A county charter adopted under this act must provide for all of the following:
(a) In Subject to section 14b, in a county that has a population of less than 1,500,000, for a salaried county executive, who shall be is elected at large on a partisan or nonpartisan basis, and for the county executive's authority, duties, and responsibilities. In Subject to section 14b, in a county that has a population of 1,500,000 or more, a county charter adopted under this act must provide for a form of executive government described and adopted under section 11a.
(b) The election of a legislative body to be known as the county board of commissioners, whose term of office must be concurrent with that of state representatives, and for their authority, duties, responsibilities, and number, which must be not less than 5 or more than 21. The county board of commissioners shall provide by ordinance for their compensation and may increase or decrease their compensation. A change in compensation is not effective during the term of office for which the legislative body making the change was elected. The charter must also provide for the partisan election of members of the legislative body from single-member districts to be established by the county apportionment commission as created in section 5 and under the standards and guidelines established in section 5 for reapportionment based on the last official federal decennial census, effective at the first regular general election of the members of the legislative body occurring not less than 12 months after the completion and certification of the federal census. Each city and township must be apportioned so that it has the largest possible number of complete districts within its boundaries before any part of the city or township is joined to territory outside the boundaries of the city or township to form a district.
(c) The partisan election of a sheriff, a prosecuting attorney, a county clerk, a county treasurer, and a register of deeds, and for the authority of the county board of commissioners to combine the county clerk and register of deeds into 1 office as authorized by law.
(d) Except as provided in subdivision (c), the continuation of all existing county offices, boards, commissions, and departments whether established by law or by action of the county board of commissioners; the performance of their respective duties by other county offices, boards, commissions, and departments; or the discontinuance of these county offices, boards, commissions, and departments. Notwithstanding this subdivision in relation to existing county offices, boards, commissions, and departments, a county charter must insure the following:
(i) Except as otherwise provided under subsection (2), in a county that has a population of less than 1,500,000, the charter must not be in derogation of the powers and duties of the county road commission in the exercise of its statutory duties concerning the preservation of a county road system. The charter for these counties must provide for the creation of a commission that consists of not fewer than 3 or more than 5 members. Not less than 1 member of the commission must be a resident of a township within the county.
(ii) Except as otherwise provided in subsection (2), in a county that has a population of 1,500,000 or more, the charter must provide for the continuation of a county road system within the county. Notwithstanding any other provisions of this act, the charter described in this subparagraph must provide that responsibility for the determination of the expenditure of all funds for road construction and road maintenance and for carrying out the powers and duties pertaining to a county road system as provided in sections 9 to 32 of chapter IV of 1909 PA 283, MCL 224.9 to 224.32, is vested in a commission that consists of not fewer than 3 or more than 5 members. The charter must provide that 1 member of the commission is a resident of the most populous city in the county, 1 member is a resident of a city other than the most populous city within the county, and 1 member is a resident of a township within the county. The charter must provide that the commission is appointed by either the elected county executive or the chief administrative officer. Appointment to the commission must require advice and consent by a majority of the county board of commissioners elected and serving not more than 60 days after the appointment. If the county board of commissioners does not vote on the appointment within 60 days, the appointment is final. The charter may provide for the number of members and a fixed term of years for the members of the commission, but the charter must provide that the members of the commission may be removed at the pleasure of the elected county executive or the chief administrative officer. The charter must specify duties and procedures to assure that administrative decisions made for road construction are coordinated with administrative decisions made for other programs which that relate to roads. As used in this subparagraph, "road construction" means all of the following:
(A) The building of a new road or street and the improving of an existing road or street by correction grades, drainage structures, width, alignment, or surface.
(B) The building of bridges or grade separations and the repair of these structures by strengthening, widening, and the replacement of piers and abutments.
(C) The initial signing of newly constructed roads or streets, major resigning of projects, and the installation, replacement, or improvement of traffic signals.
(e) Subject to section 15c, the continuation and implementation of a system of pensions and retirement for county officers and employees in those counties that have a system in effect at the time of the adoption of the charter. The system provided under the charter must recognize the accrued rights and benefits of the officers and employees under the system then in effect. The charter must not infringe on nor be in derogation of those accrued rights and benefits. Subject to section 15c, the charter must not preclude future modification of the system.
(f) The continuation and implementation of a system of civil service in those counties having a system at the time of the adoption of the charter. The system of civil service provided under the charter must recognize the rights and status of persons under the civil service system then in effect. The charter must not infringe on nor be in derogation of those rights and that status. The charter must not preclude future modification of the system. Except as provided in subdivision (d), the charter must provide that the system of civil service be coordinated among the county offices, boards, commissions, and departments.
(g) That the general statutes and local acts of this state regarding counties and county officers will continue in effect except to the extent that this act permits the charter to provide otherwise, if the charter does in fact provide otherwise.
(h) That all ordinances of the county will remain in effect unless changed by the charter or an ordinance adopted under the charter.
(i) The power and authority to adopt, amend, and repeal any ordinance authorized by law or necessary to carry out any power, function, or service authorized by this act and by the charter.
(j) The power and authority to enter into any intergovernmental contract which is not specifically prohibited by law.
(k) The power and authority to join, establish, or form with any other governmental unit an intergovernmental district or authority for the purpose of performing a public function or service, which each is authorized to perform separately, the performance of which is not prohibited by law.
(l) A debt limit of not to exceed 10% of the state equalized value of the taxable property within the county.
(m) The levy and collection of taxes, the fixing of an ad valorem property tax limitation of not to exceed 1% of the state equalized value of the taxable property within the county, and that the levy of taxes from within this ad valorem property tax limitation must not exceed, unless otherwise approved by the electors, the tax rate in mills, equal to the number of mills allocated to the county either by a county tax allocation board or by a separate tax limitation under the property tax limitation act, 1933 PA 62, MCL 211.201 to 211.217a, in the year immediately preceding the year in which the county adopts a charter.
(n) Initiative and referendum on all matters within the scope of the county's power and authority; and for the recall of all county officials.
(o) Amendment or revision of the charter initiated either by action of the legislative body of the county or by initiatory process. An amendment or revision must does not become effective unless the amendment or revision is submitted to the electorate of the county and approved by a majority of those voting.
(p) That the acquisition, operation, and sale of public utility facilities for furnishing light, heat, or power must be subject to the same restrictions as imposed on cities and villages by the state constitution of 1963 and applicable law.
(q) Annual preparation, review, approval, and adherence to a balanced budget in a manner which that assures coordination among the county offices, boards, commissions, and departments, except as provided in subdivision (d).
(r) An annual audit by an independent certified public accountant of all county funds.
(s) That a county that incurs a budget deficit in any fiscal year shall prepare and submit a detailed and specific 5-year plan for short-term financial recovery and long-range financial stability to the governor and the legislature, before adoption of the next annual county budget, for review. The 5-year plan must include, but not be limited to, a projection of annual revenues and expenditures, an employee classification and pay plan, a capital improvements budget, and equipment replacement schedules.
(2) Subsection (1)(d) does not apply to a county in which the charter is amended to provide for an alternative method of carrying out the powers and duties which that are otherwise provided by law for a board of county road commissioners.
(3) The county board of commissioners may by resolution provide for staggered terms of office for the road commissioners under subsection (1)(d) so that not more than 2 road commissioners' terms of office expire in the same year.
Sec. 14b. A county with an elected county executive under this act may amend or revise the county charter, as set forth under section 14(1)(o), to provide that the county executive be elected at large on a partisan or nonpartisan basis.
