House Introduced Bill 5267

HOUSE BILL No. 5267


     February 2, 2000, Introduced by Reps. Switalski, Lemmons, Scott and Rivet and referred to the Committee on Constitutional
Law and Ethics.


        A bill to amend 1954 PA 116, entitled

   "Michigan election law,"

   by amending sections 207, 238, 268, 327, 369, and 383

   (MCL 168.207, 168.238, 168.268, 168.327, 168.369, and 168.383),

   sections 327 and 383 as amended by 1982 PA 505.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1
           Sec. 207.  (1) The governor may remove  any and all  A

 2
      county  officers  OFFICER named in section 200  of this chapter

 3
      when he shall be satisfied from  IF THE GOVERNOR FINDS, BASED ON

 4
      sufficient evidence submitted to  him  THE GOVERNOR,  as herein-

 5
      after provided,  that  such  THE officer  has been
    IS guilty of

 6
      official misconduct,  or of wilful  WILLFUL neglect of duty, or

 7
       of  extortion,  or habitual drunkenness,  or has been
   convicted

 8
       of being drunk, or whenever it shall appear by  UNDER ANY OF THE

 9
      FOLLOWING:


   04145'99                                                 CAS
                                              2

 1
           (A) SECTION 625(1), (3), OR (8) OF THE MICHIGAN VEHICLE

 2
      CODE, 1949 PA 300, MCL 257.625.

 3
           (B) SECTION 185(1), (2), OR (3) OF THE AERONAUTICS CODE OF

 4
      THE STATE OF MICHIGAN, 1945 PA 327, MCL 259.185.

 5
           (C) SECTION 80176(1) OR (3), SECTION 81134(1) OR (2), SEC-

 6
      TION 81135, OR SECTION 82127(1) OR (3) OF THE NATURAL RESOURCES

 7
      AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.80176,

 8
      324.81134, 324.81135, AND 324.82127.

 9
           (D) SECTION 353(1) OR (2) OR SECTION 355 OF THE RAILROAD

10
      CODE OF 1993, 1993 PA 354, MCL 462.353 AND 462.355.

11
           (E) SECTION 167(1)(E) OF THE MICHIGAN PENAL CODE, 1931

12
      PA 328, MCL 750.167.

13
           (F) A SIMILAR OFFENSE UNDER ANOTHER LAW OF THIS STATE, THE

14
      LAW OF ANOTHER STATE, OR A LOCAL ORDINANCE SUBSTANTIALLY CORRE-

15
      SPONDING TO STATE LAW.

16
           (2) THE GOVERNOR MAY REMOVE A COUNTY OFFICER IF a certified

17
      copy of the judgment of a court of record of this state SHOWS

18
      that  such  A COUNTY officer, after  his  THE OFFICER'S
   election

19
      or appointment,  shall have  HAS been convicted of a felony.  ;

20
      but the  THE governor shall NOT take  no  action upon
    any such

21
      charges  A CHARGE made to  him  THE GOVERNOR against
    any such  A

22
      COUNTY officer until the  same shall have been exhibited to him 

23
      CHARGE IS SUBMITTED TO THE GOVERNOR in writing,  verified by the

24
      affidavit  WITH THE SWORN STATEMENT of the party making  them,
   

25
      THE CHARGE STATING that he OR SHE believes the  charges  CHARGE

26
      to be true.  But no such  A COUNTY officer shall NOT be removed

27
      for  such  misconduct or neglect until  charges thereof shall



   04145'99
                                   3

 1
      have been exhibited  THE CHARGE OF MISCONDUCT OR NEGLECT IS

 2
      SUBMITTED to the governor as  above  provided  and  IN THIS

 3
      SECTION, a copy of the  same  CHARGE IS served on  such 
   THE

 4
      officer, and THE OFFICER IS GIVEN an opportunity  given him of

 5
      being  TO BE heard in his OR HER defense.  :  Provided, That the
   

 6
      THE service  of such charges upon the person or persons com-

 7
      plained against  REQUIRED IN THIS SECTION shall be made by

 8
       handing to such person or persons  PERSONAL SERVICE TO THE OFFI-

 9
      CER AND SHALL INCLUDE a copy of  such charges, together with all

10
      affidavits or exhibits which may be  THE CHARGE AND EACH SWORN

11
      STATEMENT AND EXHIBIT attached to the original petition, if  such

12
      person or persons  THE OFFICER can be found.  ; and if not,
    IF

13
      THE OFFICER CANNOT BE FOUND, SERVICE MAY BE MADE by leaving a

14
      copy at the last KNOWN place of residence of  such person or

15
      persons  THE COUNTY OFFICER, with  some  A person of
   suitable

16
      age, if  such  A person OF SUITABLE AGE can be found,  ; 
   and if

17
      not, by posting  it  THE COPY OF THE CHARGE in  some  A
   conspicu-

18
      ous place  upon his  AT THE OFFICER'S last known place of

19
      residence.  No 

20
           (3) AN officer who has been removed  in accordance with the

21
      provisions of  UNDER this section  shall be  IS NOT
   eligible  to 

22
      FOR election or appointment to any office for  a period of  3

23
      years  from  AFTER the date of  such  THE removal.

24
           Sec. 238.  (1) The governor may remove  any  A county audi-

25
      tor  when he shall be satisfied from  IF THE GOVERNOR FINDS,

26
      BASED ON sufficient evidence submitted to  him  THE GOVERNOR,  as

27
      hereinafter provided,  that  such  THE officer  has
   been  IS



   04145'99
                                   4

 1
      guilty of official misconduct,  or of wilful  WILLFUL neglect of

 2
      duty, or  of  extortion,  or habitual drunkenness,  or has
   been

 3
      convicted  of being drunk, or whenever it shall appear by  UNDER

 4
      ANY OF THE FOLLOWING:

 5
           (A) SECTION 625(1), (3), OR (8) OF THE MICHIGAN VEHICLE

 6
      CODE, 1949 PA 300, MCL 257.625.

 7
           (B) SECTION 185(1), (2), OR (3) OF THE AERONAUTICS CODE OF

 8
      THE STATE OF MICHIGAN, 1945 PA 327, MCL 259.185.

 9
           (C) SECTION 80176(1) OR (3), SECTION 81134(1) OR (2), SEC-

10
      TION 81135, OR SECTION 82127(1) OR (3) OF THE NATURAL RESOURCES

11
      AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.80176,

12
      324.81134, 324.81135, AND 324.82127.

13
           (D) SECTION 353(1) OR (2) OR SECTION 355 OF THE RAILROAD

14
      CODE OF 1993, 1993 PA 354, MCL 462.353 AND 462.355.

15
           (E) SECTION 167(1)(E) OF THE MICHIGAN PENAL CODE, 1931

16
      PA 328, MCL 750.167.

17
           (F) A SIMILAR OFFENSE UNDER ANOTHER LAW OF THIS STATE, THE

18
      LAW OF ANOTHER STATE, OR A LOCAL ORDINANCE SUBSTANTIALLY CORRE-

19
      SPONDING TO STATE LAW.

20
           (2) THE GOVERNOR MAY REMOVE A COUNTY AUDITOR IF a certified

21
      copy of the judgment of a court of record of this state SHOWS

22
      that  such  THE officer, after  his  THE OFFICER'S election
   or

23
      appointment,  shall have  HAS been convicted of a felony.  ; but

24
      the  THE governor shall NOT take  no  action upon 
   any such

25
      charges  A CHARGE made to  him  THE GOVERNOR against
    any such 

26
      AN officer until the  same shall have been exhibited to him 

27
      CHARGE IS SUBMITTED TO THE GOVERNOR in writing,  verified by the



   04145'99
                                   5

 1
      affidavit  WITH THE SWORN STATEMENT of the party making  them,
   

 2
      THE CHARGE, STATING that he OR SHE believes the  charges  CHARGE

 3
      to be true.  But no such officer  A COUNTY AUDITOR shall NOT be

 4
      removed for  such  misconduct or neglect until  charges thereof

 5
      shall have been exhibited  THE CHARGE OF MISCONDUCT OR NEGLECT IS

 6
      SUBMITTED to the governor as  above  provided  and  IN THIS

 7
      SECTION, a copy of the  same  CHARGE IS served on  such 
   THE

 8
      officer, and THE OFFICER IS GIVEN an opportunity  given him of

 9
      being  TO BE heard in his OR HER defense.  :  Provided, That the
   

10
      THE service  of such charges upon the person or persons com-

11
      plained against  REQUIRED IN THIS SECTION shall be made by

12
       handing to such person or persons  PERSONAL SERVICE TO THE OFFI-

13
      CER AND SHALL INCLUDE a copy of  such charges, together with all

14
      affidavits or exhibits which may be  THE CHARGE AND EACH SWORN

15
      STATEMENT AND EXHIBIT attached to the original petition, if  such

16
      person or persons  THE OFFICER can be found.  ; and if not,
    IF

17
      THE OFFICER CANNOT BE FOUND, SERVICE MAY BE MADE by leaving a

18
      copy at the last KNOWN place of residence of  such person or

19
      persons  THE OFFICER, with  some  A person of suitable age,
   if

20
       such  A person of suitable age can be found,  ;  and if
   not, by

21
      posting  it  THE COPY OF THE CHARGE in  some  A conspicuous
   place

22
       upon his  AT THE OFFICER'S last known place of residence.   No
   

23
           (3) AN officer who has been removed  in accordance with the

24
      provisions of  UNDER this section  shall be  IS NOT
   eligible  to 

25
      FOR election or appointment to any office for  a period of  3

26
      years  from  AFTER the date of  such  THE removal.





   04145'99
                                   6

 1
           Sec. 268.  (1) The governor may remove  any  A county road

 2
      commissioner  when he shall be satisfied from  IF THE GOVERNOR

 3
      FINDS, BASED ON sufficient evidence submitted to  him  THE

 4
      GOVERNOR,  as hereinafter provided,  that  such  THE
   officer  has

 5
      been  IS guilty of official misconduct, or  of wilful 
   WILLFUL

 6
      neglect of duty,  or of  extortion,  or habitual drunkenness,
    or

 7
      has been convicted  of being drunk, or whenever it shall appear

 8
      by  UNDER ANY OF THE FOLLOWING:

 9
           (A) SECTION 625(1), (3), OR (8) OF THE MICHIGAN VEHICLE

10
      CODE, 1949 PA 300, MCL 257.625.

11
           (B) SECTION 185(1), (2), OR (3) OF THE AERONAUTICS CODE OF

12
      THE STATE OF MICHIGAN, 1945 PA 327, MCL 259.185.

13
           (C) SECTION 80176(1) OR (3), SECTION 81134(1) OR (2), SEC-

14
      TION 81135, OR SECTION 82127(1) OR (3) OF THE NATURAL RESOURCES

15
      AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.80176,

16
      324.81134, 324.81135, AND 324.82127.

17
           (D) SECTION 353(1) OR (2) OR SECTION 355 OF THE RAILROAD

18
      CODE OF 1993, 1993 PA 354, MCL 462.353 AND 462.355.

19
           (E) SECTION 167(1)(E) OF THE MICHIGAN PENAL CODE, 1931

20
      PA 328, MCL 750.167.

21
           (F) A SIMILAR OFFENSE UNDER ANOTHER LAW OF THIS STATE, THE

22
      LAW OF ANOTHER STATE, OR A LOCAL ORDINANCE SUBSTANTIALLY CORRE-

23
      SPONDING TO STATE LAW.

24
           (2) THE GOVERNOR MAY REMOVE A COUNTY ROAD COMMISSIONER IF a

25
      certified copy of the judgment of a court of record of this state

26
      SHOWS that  such  THE officer, after  his  THE OFFICER'S
   election

27
      or appointment,  shall have  HAS been convicted of a felony.  ;



   04145'99
                                   7

 1
      but the  THE governor shall NOT take  no  action upon
    any such

 2
      charges  A CHARGE made to  him  THE GOVERNOR against
    any such

 3
      officer  A COUNTY ROAD COMMISSIONER until the  same shall have

 4
      been exhibited to him  CHARGE IS SUBMITTED TO THE GOVERNOR in

 5
      writing,  verified by the affidavit  WITH THE SWORN STATEMENT of

 6
      the party making  them, THE CHARGE, STATING that he OR SHE

 7
      believes the  charges  CHARGE to be true.  But no such officer
   

 8
      A COUNTY ROAD COMMISSIONER shall NOT be removed for  such  mis-

 9
      conduct or neglect until  charges thereof shall have been

10
      exhibited  THE CHARGE OF MISCONDUCT OR NEGLECT IS SUBMITTED to

11
      the governor as  above  provided  and  IN THIS SECTION, a
   copy of

12
      the  same  CHARGE IS served on  such  THE officer, and THE
   OFFI-

13
      CER IS GIVEN an opportunity  given him of being  TO BE heard in

14
      his OR HER defense.  :  Provided, That the  THE service  of such

15
      charges upon the person or persons complained against  REQUIRED

16
      IN THIS SECTION shall be made by  handing to such person or

17
      persons  PERSONAL SERVICE TO THE OFFICER AND SHALL INCLUDE a copy

18
      of  such charges, together with all affidavits or exhibits which

19
      may be  THE CHARGE AND EACH SWORN STATEMENT AND EXHIBIT attached

20
      to the original petition, if  such person or persons  THE OFFICER

21
      can be found.  ; and if not,  IF THE OFFICER CANNOT BE FOUND,

22
      SERVICE MAY BE MADE by leaving a copy at the last KNOWN place of

23
      residence of  such person or persons  OFFICER, with  some 
   A

24
      person of suitable age, if  such  A person OF SUITABLE AGE can be

25
      found,  ;  and if not, by posting  it  THE COPY OF THE
   CHARGE in

26
       some  A conspicuous place  upon his  AT THE OFFICER'S last
   known

27
      place of residence.  No 



   04145'99
                                   8

 1
           (3) AN officer who has been removed  in accordance with the

 2
      provisions of  UNDER this section  shall be  IS NOT
   eligible  to 

 3
      FOR election or appointment to any office for  a period of  3

 4
      years  from  AFTER the date of  such  THE removal.

 5
           Sec. 327.  (1) The governor shall remove  all  A city

 6
       officers  OFFICER chosen by the electors of a city or  any
    A

 7
      ward or voting district of a city  , when  IF the governor  is

 8
      satisfied from  FINDS, BASED ON sufficient evidence submitted to

 9
      the governor, that the officer  has been  IS guilty of official

10
      misconduct,  wilful  WILLFUL neglect of duty, OR extortion.  , or

11
      habitual drunkenness, or has been convicted of being drunk, or

12
      whenever it appears by  THE GOVERNOR SHALL REMOVE A CITY OFFICER

13
      DESCRIBED IN THIS SUBSECTION IF a certified copy of the judgment

14
      of a court of record of this state SHOWS that a city officer,

15
      after the officer's election or appointment, has been convicted

16
      of a felony.

17
           (2) THE GOVERNOR MAY REMOVE A CITY OFFICER IF THE CITY OFFI-

18
      CER IS CONVICTED UNDER ANY OF THE FOLLOWING:

19
           (A) SECTION 625(1), (3), OR (8) OF THE MICHIGAN VEHICLE

20
      CODE, 1949 PA 300, MCL 257.625.

21
           (B) SECTION 185(1), (2), OR (3) OF THE AERONAUTICS CODE OF

22
      THE STATE OF MICHIGAN, 1945 PA 327, MCL 259.185.

23
           (C) SECTION 80176(1) OR (3), 81134(1) OR (2), 81135, OR

24
      82127(1) OR (3), OF THE NATURAL RESOURCES AND ENVIRONMENTAL PRO-

25
      TECTION ACT, 1994 PA 451, MCL 324.80176, 324.81134, 324.81135,

26
      AND 324.82127.





   04145'99
                                   9

 1
           (D) SECTION 353(1) OR (2) OR 355 OF THE RAILROAD CODE OF

 2
      1993, 1993 PA 354, MCL 462.353 AND 462.355.

 3
           (E) SECTION 167(1)(E) OF THE MICHIGAN PENAL CODE, 1931

 4
      PA 328, MCL 750.167.

 5
           (F) A SIMILAR OFFENSE UNDER ANOTHER LAW OF THIS STATE, THE

 6
      LAW OF ANOTHER STATE, OR A LOCAL ORDINANCE SUBSTANTIALLY CORRE-

 7
      SPONDING TO STATE LAW.

 8
           (3) The governor shall not take action upon  any charges  A

 9
      CHARGE made to the governor against a city officer until the

10
       charges have been exhibited  CHARGE IS SUBMITTED to the governor

11
      in writing,  verified by the affidavit  WITH THE SWORN STATEMENT

12
      of the party making  them, that  THE CHARGE, STATING THAT he or

13
      she believes the  charges  CHARGE to be true.  But a  A
   city

14
      officer shall not be removed for misconduct or neglect until

15
       charges  THE CHARGE of misconduct or neglect  have been

16
      exhibited  IS SUBMITTED to the governor as provided in this

17
      section,  and  a copy of the  charges  CHARGE IS served on
   the

18
      officer, and THE OFFICER IS GIVEN an opportunity  given the offi-

19
      cer of being  TO BE heard in his or her defense.  The service  of

20
      the charges upon the officer complained against  REQUIRED IN THIS

21
      SECTION shall be made by personal service to the officer  of  AND

22
      SHALL INCLUDE a copy of the  charges, together with all affida-

23
      vits or exhibits which may be  CHARGE AND EACH SWORN STATEMENT

24
      AND EXHIBIT attached to the original petition, if the officer can

25
      be found.  ; and if not,  IF THE OFFICER CANNOT BE FOUND, SERVICE

26
      MAY BE MADE by leaving a copy at the last known place of

27
      residence of the officer, with a person of suitable age, if a



   04145'99
                                  10

 1
      person of suitable age can be found,  ;  and if not, by posting

 2
      the copy of the  charges  CHARGE in a conspicuous place at the

 3
      officer's last known place of residence.

 4
           (4) An officer who has been removed from office  pursuant

 5
      to  UNDER this section  shall  IS not  be 
   eligible for election

 6
      or appointment to any office for  a period of  3 years  from
   

 7
      AFTER the date of the removal.

 8
           (5) A person who has been convicted of a violation of sec-

 9
      tion 12a(1) of  Act No. 370 of the Public Acts of 1941, being

10
      section 38.412a of the Michigan Compiled Laws  1941 PA 370,

11
      MCL 38.412A,  shall  IS not  be  eligible for election or

12
      appointment to an elective or appointive city office for  a

13
      period of  20 years after THE conviction.

14
           Sec. 369.  (1) The governor shall remove a township officer

15
      chosen by the electors of  any  A township  , when  IF the
   gover-

16
      nor  is satisfied from the  FINDS, BASED ON SUFFICIENT evidence

17
      submitted TO THE GOVERNOR, that the officer  has been  IS guilty

18
      of official misconduct,  wilful  WILLFUL neglect of duty, OR

19
      extortion.  , habitual drunkenness, or has been convicted of

20
      being drunk, or when it appears by  THE GOVERNOR SHALL REMOVE AN

21
      OFFICER DESCRIBED IN THIS SUBSECTION IF a certified copy of the

22
      judgment of a court of record of this state SHOWS that the offi-

23
      cer, after the officer's election or appointment,  was  HAS BEEN

24
      convicted of a felony.

25
           (2) THE GOVERNOR MAY REMOVE A TOWNSHIP OFFICER IF THE TOWN-

26
      SHIP OFFICER IS CONVICTED UNDER ANY OF THE FOLLOWING:





   04145'99
                                  11

 1
           (A) SECTION 625(1), (3), OR (8) OF THE MICHIGAN VEHICLE

 2
      CODE, 1949 PA 300, MCL 257.625.

 3
           (B) SECTION 185(1), (2), OR (3) OF THE AERONAUTICS CODE OF

 4
      THE STATE OF MICHIGAN, 1945 PA 327, MCL 259.185.

 5
           (C) SECTION 80176(1) OR (3), 81134(1) OR (2), 81135, OR

    6 82127(1) OR (3), OF THE NATURAL RESOURCES AND ENVIRONMENTAL PRO-

 7
      TECTION ACT, 1994 PA 451, MCL 324.80176, 324.81134, 324.81135,

 8
      AND 324.82127.

 9
           (D) SECTION 353(1) OR (2) OR 355 OF THE RAILROAD CODE OF

10
      1993, 1993 PA 354, MCL 462.353 AND 462.355.

11
           (E) SECTION 167(1)(E) OF THE MICHIGAN PENAL CODE, 1931

12
      PA 328, MCL 750.167.

13
           (F) A SIMILAR OFFENSE UNDER ANOTHER LAW OF THIS STATE, THE

14
      LAW OF ANOTHER STATE, OR A LOCAL ORDINANCE SUBSTANTIALLY CORRE-

15
      SPONDING TO STATE LAW.

16
           (3) The governor shall not take action upon the  charges 

17
      CHARGE made TO THE GOVERNOR against the officer until the

18
       charges are exhibited  CHARGE IS SUBMITTED TO THE GOVERNOR in

19
      writing,  verified by the affidavit  WITH THE SWORN STATEMENT of

20
      the party making the  charges  CHARGE, STATING that the party

21
      believes the  charges  CHARGE to be true.  The officer shall not

22
      be removed for misconduct or neglect until  charges  THE CHARGE

23
      of the misconduct or neglect  are exhibited  IS SUBMITTED to the

24
      governor as provided in this section, a copy of the  charges 

25
      CHARGE IS served on the officer, and THE OFFICER IS GIVEN an

26
      opportunity  given to the officer of being  TO BE heard in his OR

27
      HER defense.  The service  of the charges upon the officer 



   04145'99
                                  12

 1
      REQUIRED IN THIS SECTION shall be made by  handing  PERSONAL

 2
      SERVICE to the officer AND SHALL INCLUDE a copy of the  charges,

 3
      together with the affidavits or exhibits which may be  CHARGE AND

 4
      EACH SWORN STATEMENT AND EXHIBIT attached to the original

 5
      petition, if the officer can be found.  ; if  IF the officer

 6
      cannot be found, SERVICE MAY BE MADE BY LEAVING a copy  shall be

 7
      left  at the last KNOWN place of residence of the officer, with a

 8
      person of suitable age, if a person OF SUITABLE AGE can be

 9
      found.  If a person OF SUITABLE AGE cannot be found, a copy OF

10
      THE CHARGE shall be posted in a conspicuous place  upon  AT the

11
      officer's last known place of residence.

12
           (4) An officer who has been removed  in accordance with 

13
      FROM OFFICE UNDER this section  shall  IS not  be  eligible
   for

14
      election or appointment to an office for  a period of  3 years

15
      after the date of THE removal from office.

16
           Sec. 383.  (1) The governor shall remove  all  A village

17
       officers  OFFICER chosen by the electors of a village  when
    IF

18
      the governor  is satisfied from  FINDS, BASED ON sufficient evi-

19
      dence submitted to the governor, that the officer  has been  IS

20
      guilty of official misconduct,  wilful  WILLFUL neglect of duty,

21
      OR extortion.  , or habitual drunkenness, or has been convicted

22
      of being drunk, or whenever it appears by  THE GOVERNOR SHALL

23
      REMOVE AN OFFICER DESCRIBED IN THIS SUBSECTION IF a certified

24
      copy of the judgment of a court of record of this state SHOWS

25
      that a village officer, after the officer's election or appoint-

26
      ment, has been convicted of a felony.





   04145'99
                                  13

 1
           (2) THE GOVERNOR MAY REMOVE A VILLAGE OFFICER IF THE VILLAGE

 2
      OFFICER IS CONVICTED UNDER ANY OF THE FOLLOWING:

 3
           (A) SECTION 625(1), (3), OR (8) OF THE MICHIGAN VEHICLE

 4
      CODE, 1949 PA 300, MCL 257.625.

 5
           (B) SECTION 185(1), (2), OR (3) OF THE AERONAUTICS CODE OF

 6
      THE STATE OF MICHIGAN, 1945 PA 327, MCL 259.185.

 7
           (C) SECTION 80176(1) OR (3), 81134(1) OR (2), 81135, OR

 8
      82127(1) OR (3), OF THE NATURAL RESOURCES AND ENVIRONMENTAL PRO-

 9
      TECTION ACT, 1994 PA 451, MCL 324.80176, 324.81134, 324.81135,

10
      AND 324.82127.

11
           (D) SECTION 353(1) OR (2) OR 355 OF THE RAILROAD CODE OF

12
      1993, 1993 PA 354, MCL 462.353 AND 462.355.

13
           (E) SECTION 167(1)(E) OF THE MICHIGAN PENAL CODE, 1931

14
      PA 328, MCL 750.167.

15
           (F) A SIMILAR OFFENSE UNDER ANOTHER LAW OF THIS STATE, THE

16
      LAW OF ANOTHER STATE, OR A LOCAL ORDINANCE SUBSTANTIALLY CORRE-

17
      SPONDING TO STATE LAW.

18
           (3) The governor shall not take action upon  any charges  A

19
      CHARGE made to the governor against a village officer until the

20
       charges have been exhibited  CHARGE IS SUBMITTED to the governor

21
      in writing,  verified by the affidavit  WITH THE SWORN STATEMENT

22
      of the party making  them,  THE CHARGE, STATING that the party

23
      believes the  charges  CHARGE to be true.  A village officer

24
      shall not be removed for misconduct or neglect until  charges 

25
      THE CHARGE of misconduct or neglect  have been exhibited  IS

26
      SUBMITTED to the governor as provided in this section,  and  a

27
      copy of the  charges  CHARGE IS served on the officer, and THE



   04145'99
                                  14

 1
      OFFICER IS GIVEN an opportunity  given the officer of being  TO

 2
      BE heard in his or her defense.  The service  of the charges upon

 3
      the person or persons complained against  REQUIRED IN THIS

 4
      SECTION shall be made by personal service to the officer  of  AND

 5
      SHALL INCLUDE a copy of the  charges, together with all affida-

 6
      vits or exhibits which may be  CHARGE AND EACH SWORN STATEMENT

 7
      AND EXHIBIT attached to the original petition, if the officer can

 8
      be found.  ; and if not,  IF THE OFFICER CANNOT BE FOUND, SERVICE

 9
      MAY BE MADE by leaving a copy of the  charges  CHARGE at the last

10
      known place of residence of the officer, with a person of suit-

11
      able age, if a person of suitable age can be found,  ;  and if

12
      not, by posting the copy of the  charges  CHARGE in a conspicuous

13
      place at the officer's last known place of residence.

14
           (4) An officer who has been removed from office  pursuant

15
      to  UNDER this section  shall  IS not  be 
   eligible for election

16
      or appointment to any office for  a period of  3 years  from
   

17
      AFTER the date of the removal from office.

18
           (5) A person who has been convicted of a violation of sec-

19
      tion 12a(1) of  Act No. 370 of the Public Acts of 1941, being

20
      section 38.412a of the Michigan Compiled Laws  1941 PA 370,

21
      MCL 38.412A,  shall  IS not  be  eligible for election or

22
      appointment to an elective or appointive village office for  a

23
      period of  20 years after THE conviction.











   04145'99          Final page.                            CAS