September 13, 2012, Introduced by Reps. Slavens, Bledsoe and Lipton and referred to the Committee on Local, Intergovernmental, and Regional Affairs.
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,"
(MCL 45.501 to 45.521) by amending the title, as amended by 1998 PA
147, and by adding section 14a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
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; to provide
for the removal of a county executive; and to prescribe penalties
and provide remedies.
Sec. 14a. (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.
(4) If the governor removes a county executive under this
section, the office of county executive becomes vacant and the
presiding or senior judge of probate, the county clerk, and the
prosecuting attorney of that county shall appoint a suitable person
to fill the vacancy. A person appointed shall take and subscribe to
the oath as provided in section 1 of article XI of the state
constitution of 1963, give bond in the manner required by law, and
hold office for the remainder of the unexpired term and until a
successor is elected and qualified. However, if the next general
November election is to be held more than 182 days after the
vacancy occurs, and it is not the general November election at
which a successor in office would be elected if there were no
vacancy, the person appointed shall hold office only until a
successor is elected at the next general November election in the
manner provided by law and qualifies for office. The successor
shall hold the office for the remainder of the unexpired term.