HOUSE BILL No. 4464 March 6, 1997, Introduced by Reps. Jelinek, Brackenridge, LeTarte, Cropsey, Schauer, Kilpatrick, Cassis, Agee and Bogardus and referred to the Committee on Education. A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 861 (MCL 380.861) and by adding section 861a. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 861. (1)WithinEXCEPT AS OTHERWISE PROVIDED IN 2 SECTION 861A, WITHIN 10 days after the date of the official can- 3 vass of the consolidation election, the intermediate school board 4 of the intermediate school district containing the territory of 5 the consolidated school district shall appoint school electors of 6 the district in the number required by the classification of the 7 school district to act as a board for the district. If a consol- 8 idated school district includes territory in more than 1 9 intermediate school district, the appointment shall be made by 10 the intermediate school board of each intermediate school 02433'97 TAV 2 1 district acting jointly as a single board. Within 7 days after 2 appointment, each member shall file with the intermediate super- 3 intendent an acceptance of the office, accompanied by a written 4 affidavit setting forth the fact of eligibility as provided in 5 section 1102. Except as otherwise provided in subsection (2) AND 6 SECTION 861A, each appointed board member shall hold office until 7 June thirtieth next following appointment. AAND A new board 8 shall be elected at the first annual election held after the 9 effective date of consolidation in the manner prescribed in 10 FORMER part 3 or FORMER part 4 for the election of a first 11 board. 12 (2)IfEXCEPT AS OTHERWISE PROVIDED IN SECTION 861A, IF 13 the effective date of the consolidation is between the thirtieth 14 day prior to the annual election and December 31, the board 15 appointed by the intermediate school board at its first meeting 16 shall call a district election to be held within 45 days after 17 the day of the meeting. At the election, a board of the requi- 18 site number of members shall be elected for terms required for 19 the election of a first board in section 111 or section 211. The 20 election shall be in lieu of the first annual election, and the 21 first year of each term of office shall extend until July 1 fol- 22 lowing the next succeeding annual election. The board shall hold 23 its first meeting and elect officers as provided in FORMER sec- 24 tion 114 or FORMER section 231. 25 SEC. 861A. (1) IF AGREED TO BY RESOLUTION ADOPTED BY THE 26 BOARDS OF EACH OF THE SCHOOL DISTRICTS BEFORE THE DATE OF THE 27 CONSOLIDATION ELECTION, AND IF THE CONSOLIDATION ELECTION IS HELD 02433'97 3 1 BEFORE JUNE 1, 1997, ALL OF THE FOLLOWING APPLY TO THE MEMBERSHIP 2 OF THE BOARD OF A CONSOLIDATED SCHOOL DISTRICT FORMED BY THE CON- 3 SOLIDATION OF 2 SCHOOL DISTRICTS THAT ARE WHOLLY WITHIN THE SAME 4 INTERMEDIATE SCHOOL DISTRICT: 5 (A) WITHIN 10 DAYS AFTER THE DATE OF THE OFFICIAL CANVASS OF 6 THE CONSOLIDATION ELECTION, THE INTERMEDIATE SCHOOL BOARD OF THE 7 INTERMEDIATE SCHOOL DISTRICT CONTAINING THE TERRITORY OF THE CON- 8 SOLIDATED SCHOOL DISTRICT SHALL APPOINT 9 SCHOOL ELECTORS TO 9 SERVE AS THE BOARD OF THE CONSOLIDATED SCHOOL DISTRICT. OF THESE 10 BOARD MEMBERS, 5 SHALL BE PERSONS WHO WERE SERVING AS OF THE DATE 11 OF THE CONSOLIDATION ELECTION AS MEMBERS OF THE BOARD OF THE 12 ORIGINAL SCHOOL DISTRICT WITH THE GREATER NUMBER OF PUPILS AS OF 13 THAT DATE, AND 4 SHALL BE PERSONS WHO WERE SERVING AS OF THE DATE 14 OF THE CONSOLIDATION ELECTION AS MEMBERS OF THE BOARD OF THE 15 ORIGINAL SCHOOL DISTRICT WITH THE LESSER NUMBER OF PUPILS AS OF 16 THAT DATE. WITHIN 7 DAYS AFTER APPOINTMENT, EACH MEMBER SHALL 17 FILE WITH THE INTERMEDIATE SUPERINTENDENT AN ACCEPTANCE OF 18 OFFICE, ACCOMPANIED BY A WRITTEN AFFIDAVIT SETTING FORTH THE 19 FACTS OF ELIGIBILITY FOR OFFICE. 20 (B) THE TERM OF A MEMBER APPOINTED UNDER SUBDIVISION (A) 21 EXPIRES ON THE DATE THAT THE TERM FOR WHICH HE OR SHE WAS ELECTED 22 AS A MEMBER OF THE BOARD OF THE ORIGINAL SCHOOL DISTRICT WOULD 23 HAVE EXPIRED, OR ON JULY 1, 2001, WHICHEVER OCCURS FIRST. THE 24 MEMBER MAY SEEK ELECTION TO A NEW TERM ON THE BOARD OF THE CON- 25 SOLIDATED SCHOOL DISTRICT IN THE MANNER PROVIDED BY LAW. 26 (C) IN EACH YEAR BEFORE 2001 IN WHICH THE TERM OF A BOARD 27 MEMBER EXPIRES UNDER SUBDIVISION (B), A SUCCESSOR SHALL BE 02433'97 4 1 ELECTED AT THE ANNUAL SCHOOL ELECTION IN THE CONSOLIDATED SCHOOL 2 DISTRICT. A BOARD MEMBER ELECTED UNDER THIS SUBDIVISION SHALL BE 3 A RESIDENT OF THE TERRITORY OF THE SAME ORIGINAL SCHOOL DISTRICT 4 AS THE BOARD MEMBER WHOSE TERM EXPIRED AND WHOM HE OR SHE IS 5 REPLACING, BUT ELECTION SHALL BE BY VOTE OF THE SCHOOL ELECTORS 6 OF THE ENTIRE CONSOLIDATED SCHOOL DISTRICT. THE ELIGIBILITY OF A 7 CANDIDATE FOR OFFICE UNDER THIS SUBDIVISION SHALL BE VERIFIED BY 8 THE SECRETARY OF THE CONSOLIDATED SCHOOL DISTRICT. FOR EACH 9 BOARD MEMBER POSITION BEING FILLED AT THE ELECTION, THE ELIGIBLE 10 PERSON RECEIVING THE GREATEST NUMBER OF VOTES SHALL BE DECLARED 11 ELECTED. THE TERM OF A BOARD MEMBER ELECTED UNDER THIS SUBDIVI- 12 SION EXPIRES JULY 1, 2001. 13 (D) BEGINNING JULY 1, 2001, THE BOARD OF THE CONSOLIDATED 14 SCHOOL DISTRICT SHALL CONSIST OF 7 MEMBERS ELECTED AT LARGE FROM 15 THE CONSOLIDATED SCHOOL DISTRICT. THESE MEMBERS SHALL BE ELECTED 16 AT THE ANNUAL SCHOOL ELECTION OF THE CONSOLIDATED SCHOOL DISTRICT 17 HELD IN JUNE, 2001, AND THEIR TERMS SHALL BE ARRANGED SO THAT 1 18 OF THOSE ELECTED SHALL SERVE FOR 1 YEAR, 2 FOR 2 YEARS, 2 FOR 3 19 YEARS, AND 2 FOR 4 YEARS. THE SUCCESSORS TO THESE MEMBERS SHALL 20 SERVE FOR TERMS OF 4 YEARS UNLESS THE TERMS ARE CHANGED AS PRO- 21 VIDED UNDER SECTION 11A. 22 (2) EXCEPT AS SPECIFICALLY PROVIDED IN THIS SECTION, ALL 23 OTHER SECTIONS OF THIS PART AND THIS ACT APPLY TO A CONSOLIDATED 24 SCHOOL DISTRICT DESCRIBED IN THIS SECTION. 02433'97 Final page. TAV