HB-5529, As Passed Senate, December 12, 2006
December 29, 2005, Introduced by Rep. Jones and referred to the Committee on Local Government and Urban Policy.
A bill to amend 1951 PA 33, entitled
"An act to provide police and fire protection for townships and for
certain areas in townships, certain incorporated villages, and
certain cities; to authorize contracting for fire and police
protection; to authorize the purchase of fire and police equipment,
and the maintenance and operation of the equipment; to provide for
defraying the cost of the equipment; to authorize the creation of
special assessment districts and the levying and collecting of
special assessments; to authorize the issuance of special
assessment bonds in anticipation of the collection of special
assessments and the advancement of the amount necessary to pay such
bonds, and to provide for reimbursement for such advances by
reassessment if necessary; to authorize the collection of fees for
certain emergency services in townships and other municipalities;
to authorize the creation of administrative boards and to prescribe
their powers and duties; to provide for the appointment of traffic
officers and to prescribe their powers and duties; and to repeal
acts and parts of acts,"
by amending section 11 (MCL 41.811), as amended by 2004 PA 464.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11. (1) The governing bodies of 2 or more contiguous
townships, villages, or qualified cities may, acting jointly,
create a joint police administrative board, fire administrative
board, or police and fire administrative board. A joint
administrative board shall consist of 2 members from each
participating township, village, or qualified city. The members of
a joint administrative board shall be appointed by their respective
governing
bodies for terms of 6 years. However, of Of the first
members appointed, 1 member from each participating township,
village, or qualified city shall be appointed for a term of 4
years. A member of a joint administrative board shall not be an
employee of a police or fire department of a participating
township, village, or qualified city. A member of a joint
administrative board may be compensated for each meeting, not to
exceed
52 per year, at a rate not to exceed $30.00 by the joint
administrative
board established by the
participating governing
bodies for each meeting the member attends and shall be reimbursed
for actual and necessary expenses incurred in the performance of
board duties. A vacancy on a joint administrative board shall be
filled by the original appointing governing body for the remainder
of the unexpired term.
(2) At its first meeting, a joint administrative board shall,
by resolution approved by a majority of its members, select an
additional member who shall be a resident of a participating
township, village, or qualified city. The members shall annually
elect a chairperson and a vice-chairperson from the board
membership. A joint administrative board shall hold 4 regular
quarterly meetings a year and special meetings as necessary at
times as it determines. A joint administrative board shall adopt
its own rules of procedure and shall keep a record of its
proceedings. A majority of the members constitute a quorum for the
transaction of business and the affirmative vote of a majority of
all the members is necessary for the adoption of a motion or
resolution. The members of a joint administrative board shall be
residents of the townships, villages, or qualified cities from
which they were appointed. The members of a joint administrative
board may be removed by the appointing governing body.
(3)
A joint administrative board created
pursuant to under
this section shall prepare an annual police department budget or
fire department budget, or both, for the police department, fire
department, or police and fire departments of each participating
township, village, or qualified city. The proposed budgets shall be
submitted to and reviewed by the respective governing bodies and
may be amended, adopted, or rejected by them. A joint
administrative board shall have other powers and duties as
considered necessary by the participating governing bodies. A joint
administrative board, if authorized to employ and appoint a police
chief, fire chief, or other police or fire officers, including
detectives, shall only employ and appoint such officers on behalf
of an individual township, qualified city, or village and does not
constitute a new employer.
(4) The business that a joint administrative board may perform
shall be conducted at a public meeting of the board held in
compliance with the open meetings act, 1976 PA 267, MCL 15.261 to
15.275. Public notice of the time, date, and place of the meeting
shall be given in the manner required by the open meetings act,
1976 PA 267, MCL 15.261 to 15.275.
(5) A writing prepared, owned, used, in the possession of, or
retained by the board in the performance of an official function
shall be made available to the public in compliance with the
freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(6) As used in this section, "governing body" means the body
in which the legislative powers of a township, village, or
qualified city are vested.