SB-1440, As Passed Senate, November 4, 2010
July 28, 2010, Introduced by Senator GLEASON and referred to the Committee on Local, Urban and State Affairs.
A bill to amend 1929 PA 312, entitled
"The metropolitan district act,"
(MCL 119.1 to 119.18) by adding section 5a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5a. (1) The governor may remove an officer of a
metropolitan district from office for gross neglect of duty,
corrupt conduct in office, or any other misfeasance or malfeasance
in office as provided in this section.
(2) An individual seeking the removal of an officer under this
section shall do all of the following:
(a) Submit to the governor written charges against the officer
with a verified affidavit from the individual stating that he or
she believes the charges to be true.
(b) Serve the officer with a copy of the charges and any
affidavits or exhibits submitted to the governor. If the officer
can be found, the service shall be made to the officer personally.
If the officer cannot be found, the service shall be made by
certified mail to the last known address of the officer.
(c) Submit to the governor proof of service made under
subdivision (b).
(3) If the governor receives documents described in subsection
(2)(a) and (c) and determines that the charges, if established,
provide sufficient grounds for removal under this section, the
governor shall provide the officer with an opportunity to be heard
in his or her defense.
(4) After a hearing, if the governor is satisfied from
sufficient evidence that the officer has committed the charged
gross neglect of duty, corrupt conduct in office, or other
misfeasance or malfeasance in office, the governor shall issue an
order removing the officer from office and detailing the grounds
for removal.
(5) An officer removed under this section is not eligible for
election or appointment to any public office in this state for a
period of 3 years after the removal date.
(6) The governor's removal power under this section is in
addition to the right of the people to recall an officer of the
metropolitan district under section 8 of article II of the state
constitution of 1963.
(7) As used in this section, "officer of a metropolitan
district" means an elected or appointed officer of a metropolitan
district incorporated under this act.