HOUSE BILL No. 5242

 

September 29, 2005, Introduced by Rep. Baxter and referred to the Committee on Family and Children Services.

 

     A bill to amend 1939 PA 280, entitled

 

"The social welfare act,"

 

by amending section 46 (MCL 400.46).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 46. (1) The administration of the powers and duties of

 

the county department shall be vested in a county  social services

 

family independence agency board of  3  5 members, appointed from

 

persons residing within the county and not holding an elective

 

office, for 3-year terms as follows:  2  4 members shall be

 

appointed by the county board of commissioners, and 1 member by the

 

department director.  of social services. Members appointed before

 

October 27, 1965, shall continue in office until the expiration of

 

their terms and until successors are appointed and qualified.  Each

 

member shall qualify by taking and filing with the county clerk the


 

constitutional oath of office, and shall hold office until the

 

appointment and qualification of a successor. Vacancies in the

 

membership of the board shall be filled for the expiration of the

 

unexpired term, in the same manner as provided for appointment of

 

the original members.

 

     (2) The business  which  that the county  social services

 

family independence agency board may perform shall be conducted at

 

a public meeting of the county  social services  family

 

independence agency board held in compliance with  Act No. 267 of

 

the Public Acts of 1976  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  Act No. 267 of

 

the Public Acts of 1976  the open meetings act, 1976 PA 267, MCL

 

15.261 to 15.275. A majority of the board constitutes a quorum for

 

the transaction of business. The board shall meet on the call of

 

the chairperson, or on a written request to the chairperson signed

 

by  2  3 members of the board, or at times and places as prescribed

 

by the rules of the board. The board shall hold not less than 12

 

meetings each fiscal year with an interval of not more than 5 weeks

 

between 2 meetings.

 

     (3) At the first meeting following the appointment of a new

 

member to the board, the members shall choose 1 member as

 

chairperson, who shall continue to act as chairperson of the board

 

until the selection of a successor.

 

     (4) If a member of the county  social services  family

 

independence agency board, upon receiving notification, fails to

 

attend 3 consecutive regularly scheduled meetings of the board, the


 

county board of commissioners after notification from the county

 

social services  family independence agency board of the failure of

 

a member to attend without reasonable cause such as illness or

 

other circumstances beyond the member's control shall by formal

 

vote excuse the member or declare the office vacant. The vacancy

 

shall be filled for the remainder of the unexpired term in the same

 

manner as the original appointment was made.

 

     (5) Members of the board shall be reimbursed for necessary

 

travel and other expenses, and shall be paid  such  an amount  as

 

shall be  fixed by the board of commissioners or board of county

 

auditors.

 

     (6) Except as prescribed in sections 35 and 64, a writing

 

prepared, owned, used, in the possession of, or retained by the

 

county  social services  family independence agency board in the

 

performance of an official function shall be made available to the

 

public in compliance with  Act No. 442 of the Public Acts of 1976  

 

the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.