April 22, 2004, Introduced by Reps. Woodward, Vagnozzi, Condino, Meisner, Tobocman, Phillips, Bradstreet, Garfield, Nofs, Pappageorge, Ruth Johnson, Stakoe and Shulman and referred to the Committee on Local Government and Urban Policy.
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,
commissions, 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
ordinances 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,"
(MCL 45.551 to 45.573) by adding section 6b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 6b. (1) A member of the county board of commissioners
2 of any county shall not be eligible during his or her term of
3 office and for 1 year from the last date he or she held office to
4 receive an appointment from or be employed by an officer, board,
5 committee, or other authority of that county except as otherwise
6 provided by law.
7 (2) If an appointment or employment is made in violation of
1 this section, both the person approving the appointment or
2 employment and the person appointed or employed are liable to the
3 county for money paid in salary, wages, or compensation in
4 connection with the appointment or employment. An action for the
5 recovery of salary, wages, or compensation paid in violation of
6 this section may be maintained by a taxpayer of the county. The
7 money recovered in the action shall be deposited in the county's
8 general fund.
9 (3) The prosecuting attorney of the county, upon the request
10 of a taxpayer, may prosecute an action under this section in the
11 taxpayer's behalf.
12 (4) A person who violates this section is guilty of a
13 misdemeanor punishable by a fine of not more than $100.00 or
14 imprisonment for not more than 90 days, or both.
15 (5) This act does not prohibit the right of a member of the
16 county board of commissioners of a county to become a candidate
17 for an elective office at a general or special election or to
18 accept from the county board of commissioners an office or
19 appointment for which a salary is not paid for the services.