December 3, 2003, Introduced by Rep. Sheltrown and referred to the Committee on Local Government and Urban Policy.
A bill to amend 1851 PA 156, entitled
"An act to define the powers and duties of the county boards of
commissioners of the several counties, and to confer upon them
certain local, administrative and legislative powers; and to
prescribe penalties for the violation of the provisions of this
act,"
by amending section 30a (MCL 46.30a).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 30a. (1) A member of the county board of commissioners
2 of any county shall not receive
or be eligible to receive , or
3 shall not receive, an appointment from , or be employed by an
4 officer, board,
committee, or other authority of that the
5 county except as otherwise provided by law.
6 (2) In case of an appointment or employment made in
7 violation of this section, the person shall be removed from the
8 appointment or employment and both the person making the
9 appointment or employment and the person appointed or employed
1 shall be liable for
moneys paid to the person as salary, wages,
2 or compensation in
connection with the appointment or employment
3 are responsible for the costs of enforcing this section not to
4 exceed $100.00. In case the appointment or employment is made by
5 a committee or board, a
each member of the committee or board
6 at the time the
appointment was made or contract of employment
7 entered into shall be
liable or employment is
responsible for
8 the costs of enforcing this section not to exceed $100.00. An
9 action for the
recovery of salary, wages, or compensation paid
10 in connection with any
appointment or employment made in
11 contravention of to enforce this section , may be
maintained
12 by a taxpayer of the
county. The moneys money recovered in the
13 action shall be deposited in the county treasury to the credit of
14 the general fund.
15 (3) The prosecuting attorney of the county, upon the request
16 of the taxpayer, shall prosecute the action in the taxpayer's
17 behalf.
18 (4) A member of the county board of commissioners accepting
19 an appointment or employment in violation of this section is
20 guilty of a misdemeanor, punishable by a fine of not more than
21 $100.00 or imprisonment for not more than 90 days, or both. An
22 officer or other official, or a member of a board or committee
23 making an appointment or employment in violation of this section
24 is guilty of a misdemeanor, punishable by imprisonment for not
25 more than 90 days, or a fine of not more than $100.00, or both.
26 (5) This act does not limit or prohibit the right of a
27 member of the county board of commissioners of a county from
1 becoming a candidate for an elective office at a general or
2 special election, or from accepting from the county board of
3 commissioners an office or appointment for which a salary is not
4 paid for the services. A member of the county board of
5 commissioners may act on a board of determination or as a special
6 commissioner in connection with all drainage matters calling for
7 a board of determination. As used in this section, "salary",
8 "wages", and "compensation" do not include per diem
9 compensation.
10 (6) This act does not prohibit a member of the county board
11 of commissioners of a county from accepting compensation as an
12 administrator of the federal emergency employment program, 29
13 U.S.C. USC 841 to 851, for that county. This
subsection shall
14 apply to compensation received by a member for services rendered
15 as an administrator under this subsection after July 12, 1971
16 and prior to before
December 1, 1974.
17 (7) This section does not apply to a county with a
18 population of 25,000 or less.