HOUSE BILL No. 4034 January 8, 1997, Introduced by Rep. Middaugh and referred to the Committee on Local Government. A bill to amend 1931 PA 285, entitled "An act to provide for city, village and municipal planning; the creation, organization, powers and duties of planning commis- sions; the regulation and subdivision of land; and to provide penalties for violation of the provisions of this act," by amending section 3 (MCL 125.33), as amended by 1986 PA 5. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 3. (1) Except as provided in subsections (2),and2 (3), AND (4), the PLANNING commission shall consist of 9 members 3 who shall represent insofar as is possible different professions 4 or occupations, and who shall be appointed by the mayor, if the 5 mayor is an elective officer, otherwise by the officer as the 6councilLEGISLATIVE BODY may in the ordinance creating the com- 7 mission designate as the appointing officer., butHOWEVER, an 8 appointment shall always be subject to the approval by a majority 9 vote of the members elect of the legislative body of the 00099'97 TLG 2 1 municipality. All members of the PLANNING commission may be 2 compensated at a rate to be determined by the appointing or leg- 3 islative body and shall hold no other municipal office, except 4 that 1 of the members may be a member of the zoning board of 5 adjustment or appeals or a member of a joint fire administrative 6 board. The term of each member shall be 3 years, except that 3 7 members of the first PLANNING commission to be so appointed shall 8 serve for the term of 1 year, 3 for a term of 2 years, and 3 for 9 a term of 3 years.All membersA MEMBER shall hold office 10 untiltheir successors are appointed. MembersHIS OR HER SUC- 11 CESSOR IS APPOINTED. A MEMBER may, after a public hearing, be 12 removed by the mayor for inefficiency, neglect of duty, or mal- 13 feasance in office. 14 (2) If considered desirable by thecouncilLEGISLATIVE 15 BODY, the PLANNING commission may consist of the mayor, 1of16theadministrativeofficialsOFFICIAL of the municipality 17 selected by the mayor, and 1 member of thecouncilLEGISLATIVE 18 BODY to be selected by thecouncilLEGISLATIVE BODY as members 19 ex officio, and 6 other persons who shall be appointed by the 20 mayor as provided in this section.AllAN appointedmembers21 MEMBER of the PLANNING commission may be compensated at a rate to 22 be determined by the appointing or legislative body. An 23 appointed member shall not hold another municipal office except 24 that 1of theappointedmembersMEMBER may be a member of the 25 zoning board of adjustment or appeals or a member of a joint fire 26 administrative board. The terms of ex officio members shall 27 correspond to their respective official tenures, except that the 00099'97 3 1 term of the administrative official selected by the mayor shall 2 terminate with the term of the mayor. The term of each appointed 3 member, if 6 members are appointed, shall be 3 years or until his 4 or her successor takes office, except that the respective terms 5 of 2 of the members first appointed shall be for 1 year and 2 for 6 2 years. After A public hearing, a member other than the member 7 selected by thecouncilLEGISLATIVE BODY may be removed by the 8 mayor for inefficiency, neglect of duty, or malfeasance in 9 office. ThecouncilLEGISLATIVE BODY may for like cause remove 10 the member selected by thecouncilLEGISLATIVE BODY. All ex 11 officio members appointed under this subsection shall have full 12 voting rights. 13 (3) If considered desirable by thecouncilLEGISLATIVE 14 BODY, the PLANNING commission may consist of 9 members, 1 of whom 15 shall be a member of thecouncilLEGISLATIVE BODY to be 16 selected by resolution of thecouncilLEGISLATIVE BODY to serve 17 as a member ex officio, and 8 of whom shall be appointed by the 18 mayor as provided in this section. An appointment by the mayor 19 shall be subject to approval of thecouncilLEGISLATIVE BODY by 20 majority vote. All appointed members of the commission may be 21 compensated at a rate to be determined by the appointing or leg- 22 islative body. An appointed member shall not hold another munic- 23 ipal office, except that 1of theappointedmembersMEMBER 24 may be a member of the zoning board of adjustment or appeals. 25 The term of the ex officio member shall be determined by the 26councilLEGISLATIVE BODY and shall be stated in the resolution 27 selecting the ex officio member, but the term shall not exceed 00099'97 4 1 the member's term of office as acouncilmember OF THE 2 LEGISLATIVE BODY. The term of each appointed member shall be 3 3 years or until his or her successor takes office, except that the 4 respective terms of 2 of the members first appointed shall be for 5 1 year and 3 for 2 years. After A public hearing, a member other 6 than the member selected by thecouncilLEGISLATIVE BODY may be 7 removed by the mayor for inefficiency, neglect of duty, or mal- 8 feasance in office. ThecouncilLEGISLATIVE BODY may for like 9 cause remove the member selected by thecouncilLEGISLATIVE 10 BODY. All ex officio members appointed under this subsection 11 shall have full voting rights. 12 (4) IF CONSIDERED DESIRABLE BY THE LEGISLATIVE BODY OF A 13 CITY OR VILLAGE THAT HAS A POPULATION OF LESS THAN 5,000, THE 14 PLANNING COMMISSION SHALL CONSIST OF 5, 7, OR 9 MEMBERS, 1 OF 15 WHOM SHALL BE A MEMBER OF THE LEGISLATIVE BODY TO BE SELECTED BY 16 RESOLUTION OF THE LEGISLATIVE BODY TO SERVE AS A MEMBER EX OFFI- 17 CIO, AND THE REMAINDER OF WHOM SHALL BE APPOINTED BY THE MAYOR AS 18 PROVIDED IN THIS SECTION. AN APPOINTMENT BY THE MAYOR SHALL BE 19 SUBJECT TO APPROVAL OF THE LEGISLATIVE BODY BY MAJORITY VOTE. 20 ALL APPOINTED MEMBERS OF THE COMMISSION MAY BE COMPENSATED AT A 21 RATE TO BE DETERMINED BY THE APPOINTING OR LEGISLATIVE BODY. AN 22 APPOINTED MEMBER SHALL NOT HOLD ANOTHER MUNICIPAL OFFICE, EXCEPT 23 THAT 1 APPOINTED MEMBER MAY BE A MEMBER OF THE ZONING BOARD OF 24 ADJUSTMENT OR APPEALS. THE TERM OF THE EX OFFICIO MEMBER SHALL 25 BE DETERMINED BY THE LEGISLATIVE BODY AND SHALL BE STATED IN THE 26 RESOLUTION SELECTING THE EX OFFICIO MEMBER, BUT THE TERM SHALL 27 NOT EXCEED THE MEMBER'S TERM OF OFFICE AS A MEMBER OF THE 00099'97 5 1 LEGISLATIVE BODY. EXCEPT AS PROVIDED IN SUBSECTION (5), THE TERM 2 OF EACH APPOINTED MEMBER SHALL BE 3 YEARS OR UNTIL HIS OR HER 3 SUCCESSOR TAKES OFFICE EXCEPT THAT THE RESPECTIVE TERMS OF 2 OF 4 THE MEMBERS FIRST APPOINTED SHALL BE FOR 1 YEAR AND 3 FOR 2 5 YEARS. AFTER A PUBLIC HEARING, A MEMBER OTHER THAN THE MEMBER 6 SELECTED BY THE LEGISLATIVE BODY MAY BE REMOVED BY THE MAYOR FOR 7 INEFFICIENCY, NEGLECT OF DUTY, OR MALFEASANCE IN OFFICE. THE 8 LEGISLATIVE BODY MAY FOR LIKE CAUSE REMOVE THE MEMBER SELECTED BY 9 THE LEGISLATIVE BODY. ALL EX OFFICIO MEMBERS APPOINTED UNDER 10 THIS SUBSECTION SHALL HAVE FULL VOTING RIGHTS. 11 (5) FOR A PLANNING COMMISSION DESCRIBED IN SUBSECTION (4) 12 THAT CONSISTS OF 5 MEMBERS, THE RESPECTIVE TERMS OF 1 OF THE MEM- 13 BERS FIRST APPOINTED SHALL BE FOR 1 YEAR AND 2 FOR 2 YEARS. FOR 14 A PLANNING COMMISSION DESCRIBED IN SUBSECTION (4) THAT CONSISTS 15 OF 7 MEMBERS, THE RESPECTIVE TERMS OF 2 OF THE MEMBERS FIRST 16 APPOINTED SHALL BE FOR 1 YEAR AND 2 FOR 2 YEARS. 17 (6)(4)A vacancy on the PLANNING commission occurring 18 otherwise than through the expiration of term shall be filled for 19 the unexpired term by the mayor in the case of a member selected 20 or appointed by the mayor, by thecouncilLEGISLATIVE BODY in 21 the case of the member appointed by thecouncilLEGISLATIVE 22 BODY, and by the appointing officer designated by thecouncil23 LEGISLATIVE BODY in municipalities in which the mayor is not an 24 elective officer. 00099'97 Final page. TLG