SENATE BILL No. 641

September 20, 2001, Introduced by Senators NORTH and GOSCHKA and referred to the

Committee on Education.

A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending sections 613 and 623 (MCL 380.613 and 380.623), sec-

tion 623 as amended by 1995 PA 289.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 613. (1) The EXCEPT AS OTHERWISE PROVIDED IN SUBSEC-

2 TION (2), THE intermediate school board shall meet annually on or

3 before the fourth Monday of July and shall organize by electing a

4 president, a vice-president, a secretary, and a treasurer. The

5 president and vice-president shall be members of the intermediate

6 school board, but the secretary and treasurer need not be. The

7 officers shall perform duties provided by law and prescribed by

8 the policies and regulations of the intermediate school board not

9 inconsistent with this part or other laws of the state. The

10 treasurer shall post with the secretary a bond in an amount

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1 approved by the intermediate school board, conditioned upon the

2 faithful performance of the treasurer's duties.

3 (2) AN INTERMEDIATE SCHOOL BOARD MAY ADOPT BYLAWS ALLOWING

4 ITS MEMBERS TO VOTE TO ELECT OFFICERS AS REQUIRED UNDER SUBSEC-

5 TION (1) BY MAIL, BY PROXY, OR BY ANOTHER METHOD THAT DOES NOT

6 REQUIRE ATTENDANCE AT A MEETING. THE BYLAWS SHALL BE LIMITED TO

7 THOSE INSTANCES WHEN ALL OF THE OFFICES ARE UNCONTESTED. IF AN

8 INTERMEDIATE SCHOOL BOARD ADOPTS THESE BYLAWS, IF THE OFFICES ARE

9 UNCONTESTED, AND IF VOTES ARE CAST IN ACCORDANCE WITH THE BYLAWS,

10 THE MEETING UNDER SUBSECTION (1) IS NOT REQUIRED AND THE OFFICERS

11 REQUIRED UNDER SUBSECTION (1) MAY BE ELECTED WITHOUT HOLDING THE

12 MEETING OTHERWISE REQUIRED UNDER SUBSECTION (1).

13 Sec. 623. (1) The intermediate school board shall do all of

14 the following:

15 (a) Perform duties required by law and by the state board,

16 but shall not supersede or replace the board of a constituent

17 district, nor shall the intermediate school board control or oth-

18 erwise interfere with the rights of constituent districts or

19 public school academies except as provided in this part.

20 (b) Employ a superintendent, assistants, and other employees

21 the intermediate school board considers necessary and fix their

22 compensation. The compensation of the intermediate superinten-

23 dent, assistants, and other employees shall include salaries,

24 travel expenses incurred in the discharge of their official

25 duties, and other benefits the board approves. The necessary

26 contingent expenses of the office of the intermediate school

27 board and the intermediate superintendent shall be paid by the

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1 treasurer subject to the authorization of the intermediate school

2 board. The intermediate superintendent shall have the qualifica-

3 tions prescribed in section 651 and perform the duties provided

4 by law and by the intermediate school board.

5 (2) The EXCEPT AS OTHERWISE PROVIDED FOR ELECTION OF

6 INTERMEDIATE SCHOOL BOARD OFFICERS UNDER SECTION 613, THE busi-

7 ness the intermediate school board is authorized to perform shall

8 be conducted at a public meeting of the board held in compliance

9 with the open meetings act, Act No. 267 of the Public Acts of

10 1976, being sections 15.261 to 15.275 of the Michigan Compiled

11 Laws 1976 PA 267, MCL 15.261 TO 15.275. An EXCEPT AS OTHER-

12 WISE PROVIDED FOR ELECTION OF INTERMEDIATE SCHOOL BOARD OFFICERS

13 UNDER SECTION 613, AN act of the board shall not be valid unless

14 voted at a meeting by a majority vote of the members elected and

15 serving on the board and a record made of the vote. An action of

16 an intermediate school board on matters of personnel, property

17 transfers, bonding, expenditures of money, or other matters des-

18 ignated by the board's bylaws shall be by yea and nay vote

19 entered upon its record. Public notice of the time, date, and

20 place of the meeting shall be given in the manner required by

21 section 5 of Act No. 267 of the Public Acts of 1976, being sec-

22 tion 15.265 of the Michigan Compiled Laws THE OPEN MEETINGS ACT,

23 1976 PA 267, MCL 15.265.

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