September 27, 2012, Introduced by Rep. Pettalia and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 9307 (MCL 324.9307), as amended by 2004 PA 439.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 9307. (1) A conservation district board shall consist of
5 directors, elected or appointed as provided in this part. The
directors shall designate a chairperson annually.
(2)
The Except as provided in
subsection (6), the term of
office
of each director shall be 4 years. All Except as otherwise
provided in this section, all directors shall be elected at an
annual meeting by residents of the district. The election shall be
nonpartisan and the directors shall be elected by the residents of
the
district at large. At To
become a candidate for conservation
district
director, at least 60 days prior to the
annual meeting, a
candidate
for conservation district director must an individual
shall file at the conservation district office a petition signed by
5 residents of the district. A candidate must be a resident of the
district. The annual meeting shall be held at a date determined by
the board of directors of the district. Notice of the annual
meeting shall be published in the official newspaper of record for
the area in which the district is located at least 45 days prior to
the date of the annual meeting. This notice shall include the date,
time, and location of the annual meeting, an agenda of items to be
considered at the meeting, and a list of all candidates for
directors of the conservation district. A resident of a district
who is unable to attend the annual meeting may vote for the
directors of the conservation district by absentee ballot as
follows:
(a) In person at the conservation district office, during
regular business hours of the conservation district office, at any
time after publication of the notice and prior to the annual
meeting.
(b) By mail received at the conservation district office at
any time after publication of the notice and prior to the annual
meeting.
(3)
Director Following the
annual meeting, director elections
shall be certified by the department. A director shall hold office
until a successor has been elected and qualified. Vacancies shall
be filled by appointment by the board until the next annual
meeting.
(4) The department shall notify the conservation district of
its determination on election certification within 90 days after
the election. If the department does not certify the director
election, the conservation district board shall call a special
election. The procedures for the special election shall be the same
as those for an election at the annual meeting. However, if the
board received notification that the department would not be able
to certify the director elections from a special election at least
120 days before the next annual meeting, the vacancies shall be
filled at the next annual meeting.
(5) (4)
A majority of the directors
constitutes a quorum, and
the concurrence of a majority in any matter within their duties is
required for its determination. A director is entitled to expenses,
including traveling expenses necessarily incurred in the discharge
of his or her duties. A director may be paid a per diem for time
spent
undertaking his or her duties as a director. in an amount not
to
exceed the per diem paid to a member of the commission of
agriculture.
(6) If at any time a conservation district board has
insufficient directors to constitute a quorum, the department shall
appoint directors to fill the vacancies on the district board. The
appointed directors shall serve until new board members are elected
as provided for in this section at the next annual meeting and the
election is certified by the department. However, new members who
are elected to fill vacancies shall serve for the remainder of the
vacated terms.
(7) (5)
The directors may employ a
secretary, technical
experts, and such other officers, agents, and employees, permanent
and temporary, as they may require, and shall determine their
qualifications, duties, and compensation. The directors may call
upon the attorney general of the state for legal services as they
may require. The directors may delegate to their chairperson, to 1
or more directors, or to 1 or more agents or employees any powers
and duties that they consider proper. The directors shall furnish
to the department, upon request, copies of ordinances, rules,
regulations, orders, contracts, forms, and other documents that
they adopt or employ, and any other information concerning their
activities that the department may require in the performance of
its duties under this part.
(8) (6)
The directors shall do all of the
following:
(a) Provide for the execution of surety bonds for all
employees and officers who are entrusted with funds or property.
(b) Provide for the keeping of a full and accurate record of
all proceedings and of all resolutions, regulations, and orders
issued or adopted.
(c) Determine the fiscal year of the district.
(d) Provide for an annual audit of the accounts of receipts
and disbursements.
(e) Maintain accurate financial records of receipts and
disbursements of state funds, which records shall be made available
to the department.
(9) (7)
Any director may be removed by the
department upon
notice and hearing for neglect of duty or malfeasance in office,
but for no other reason.
(10) (8)
The directors may invite the
legislative body of any
municipality or county located near the territory comprised within
the district to designate a representative to advise and consult
with the directors of the district on all questions of program and
policy that may affect the property, water supply, or other
interests of the municipality or county.