House Introduced Bill 6558

HOUSE BILL No. 6558

December 3, 2002, Introduced by Reps. Bishop, Kowall, Raczkowski and Koetje and referred to the Committee on
Redistricting and Elections.

A bill to amend 1973 PA 139, entitled

"An act to provide forms of county government; to provide for
county managers and county executives and to prescribe their
powers and duties; to abolish certain departments, boards, com-
missions, and authorities; to provide for transfer of certain
powers and functions; to prescribe powers of a board of county
commissioners and elected officials; to provide organization of
administrative functions; to transfer property; to retain ordi-
nances and laws not inconsistent with this act; to provide
methods for abolition of a unified form of county government; and
to prescribe penalties and provide remedies,"

by amending sections 9 and 10 (MCL 45.559 and 45.560), section 9

as amended by 1980 PA 100, and by adding section 9a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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Sec. 9. (1) A county executive who is a qualified elector

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in the county shall be elected on a partisan basis for a term of

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4 years concurrent with that THE TERM of the county prosecuting

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attorney, county clerk, county register of deeds, county

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treasurer, county sheriff, elected county auditors, and county

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drain commissioner. The first term of office of IF a county

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executive , when IS elected at an election different than the

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election for county officers, HIS OR HER FIRST TERM shall extend

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only until the January following the election at which FOR

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county officers. are elected.

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(2) The first county executive may be nominated in the same

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or next primary or general election held after the election in

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which alternate B is approved. The county executive shall then

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be elected in the next regular primary or general election occur-

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ring not less than 30 days nor more than 90 days after the date

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of the election in which alternate B is approved or in which he

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or she was nominated. If a primary or general election is not

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scheduled during the THAT period, the county executive shall

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be elected at a special election called by the board of county

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commissioners for this purpose within the period. Thereafter,

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the SHALL CALL A SPECIAL ELECTION TO ELECT A COUNTY EXECUTIVE.

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THE county executive shall be nominated and elected in accord-

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ance with and subject PURSUANT to the laws applicable to the

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nomination and election of other county officials.

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(3) If the first election of a county executive is a special

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election for that purpose only, and not more than ONLY 1 candi-

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date for each political party qualifies to have his or her name

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appear on the primary ballot, a primary election shall not be

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held, and the candidate qualifying shall be certified as the nom-

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inee of the political party for which he or she filed.

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(4) The office of elected county executive which becomes

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vacant due to resignation or death shall be filled by appointment

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of the board of county commissioners until the next general

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election. A new county executive shall be elected at the next

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general election after the resignation or death of a county exec-

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utive and in the manner provided in this section for the election

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of county executives. The newly elected county executive shall

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serve a term equal to the balance of the term for which the

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county executive who resigned or died was elected.

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(4) (5) The salary of the county executive for the initial

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term shall be established by the board of county commissioners

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not less than AT LEAST 6 months before the EFFECTIVE date OF

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the optional unified form of county government, containing alter-

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nate B. becomes effective. The salary shall be established by

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the board consistent with the procedures established for other

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elected officials. The county executive's salary shall be com-

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mensurate with the duties and responsibilities of the office.

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The salary of a county executive shall not be reduced during his

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or her term of office except as part of a general salary

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reduction.

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SEC. 9A. (1) IF A VACANCY OCCURS IN THE OFFICE OF THE

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ELECTED COUNTY EXECUTIVE DUE TO DEATH OR INCAPACITY OF THE

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ELECTED COUNTY EXECUTIVE, THE CHIEF DEPUTY SHALL TAKE THE CONSTI-

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TUTIONAL OATH OF OFFICE AND SERVE AS THE SUCCESSOR TO THE ELECTED

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COUNTY EXECUTIVE UNTIL THE NEXT GENERAL ELECTION.

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(2) IF THE CHIEF DEPUTY IS UNABLE TO SERVE AS THE SUCCESSOR

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TO THE OFFICE OF THE ELECTED COUNTY EXECUTIVE UNTIL THE NEXT GEN-

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ERAL ELECTION DUE TO DEATH OR INCAPACITY OF THE CHIEF DEPUTY, THE

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HIGHEST RANKING DEPUTY SHALL TAKE THE CONSTITUTIONAL OATH OF

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OFFICE AND SERVE AS THE COUNTY EXECUTIVE UNTIL THE NEXT GENERAL

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ELECTION.

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(3) A NEW COUNTY EXECUTIVE SHALL BE ELECTED AT THE NEXT GEN-

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ERAL ELECTION AFTER THE DEATH OR INCAPACITY OF A COUNTY EXECUTIVE

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AS PROVIDED IN SECTION 9 FOR THE ELECTION OF COUNTY EXECUTIVES.

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THE NEWLY ELECTED COUNTY EXECUTIVE SHALL SERVE A TERM EQUAL TO

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THE BALANCE OF THE TERM FOR WHICH THE COUNTY EXECUTIVE WHO DIED

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OR IS INCAPACITATED WAS ELECTED.

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Sec. 10. (1) WITHIN 10 DAYS AFTER BEING ELECTED, THE COUNTY

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EXECUTIVE SHALL APPOINT A CHIEF DEPUTY. THE COUNTY EXECUTIVE MAY

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ALSO APPOINT ADDITIONAL DEPUTIES WHO HE OR SHE CONSIDERS NECES-

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SARY TO PERFORM THE FUNCTIONS AND DUTIES OF THE OFFICE OF ELECTED

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COUNTY EXECUTIVE.

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(2) THE COUNTY EXECUTIVE SHALL FILE A STATEMENT WITH THE

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COUNTY CLERK IDENTIFYING THE INDIVIDUAL APPOINTED AS CHIEF DEPUTY

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AND ALL OTHER INDIVIDUALS APPOINTED AS A DEPUTY. THE STATEMENT

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SHALL ALSO IDENTIFY THE RANKING ORDER OF THE DEPUTIES.

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(3) THE COUNTY EXECUTIVE MAY REVOKE HIS OR HER APPOINTMENTS

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AT ANY TIME.

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(4) The county executive shall be responsible for the over-

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all supervision of all county departments not headed by other

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elected officials.

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