HB-6338, As Passed House, November 30, 2004
SUBSTITUTE FOR
HOUSE BILL NO. 6338
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 cities under 15,000 population; 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 certain acts and
parts of acts,"
by amending the title and sections 10 and 11 (MCL 41.810 and
41.811), the title as amended by 1990 PA 102 and section 11 as
amended by 1989 PA 81.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 TITLE
1 An act to provide police and fire protection for townships
2 and for certain areas in townships, certain incorporated
3 villages, and certain
cities; under 15,000 population; to
4 authorize contracting for fire and police protection; to
5 authorize the purchase of fire and police equipment, and the
6 maintenance and operation of the equipment; to provide for
7 defraying the cost of the equipment; to authorize the creation of
8 special assessment districts and the levying and collecting of
9 special assessments; to authorize the issuance of special
10 assessment bonds in anticipation of the collection of special
11 assessments and the advancement of the amount necessary to pay
12 such bonds, and to provide for reimbursement for such advances by
13 reassessment if necessary; to authorize the collection of fees
14 for certain emergency services in townships and other
15 municipalities; to authorize the creation of administrative
16 boards and to prescribe their powers and duties; to provide for
17 the appointment of traffic officers and to prescribe their powers
18 and duties; and to repeal
certain acts and parts of acts.
19 Sec. 10. (1) The
provisions of this act shall apply This
20 act applies to townships ,
and adjoining townships and
21 incorporated villages and
qualified cities under 15,000
22 inhabitants acting jointly. Whenever If
reference is made in
23 this act to townships, such
that reference shall be deemed to
24 mean and apply to townships and incorporated villages and
25 qualified cities. under
15,000 inhabitants, and whenever If
26 reference is made in this
act to township boards, such that
27 reference shall be
deemed to mean and apply to township boards
1 and the legislative bodies of incorporated villages and qualified
2 cities. under
15,000 inhabitants. No A township, incorporated
3 village, or qualified
city under 15,000 inhabitants shall in
4 any way not use this act to lessen the number of paid full
time
5 firemen in their
respective communities full-time
firefighters
6 in that township, incorporated village, or qualified city.
7 (2) As used in this act, "qualified city" means a city with a
8 population of less than 70,000 located in a county with a
9 population of more than 200,000 and less than 250,000.
10 Sec. 11. (1) The governing bodies of 2 or more contiguous
11 townships, villages, or qualified cities may, acting jointly,
12 create a joint police administrative board, fire administrative
13 board, or police and fire administrative board. A joint
14 administrative board shall consist of 2 members from each
15 participating township, village, or qualified city. The members
16 of a joint administrative board shall be appointed by their
17 respective governing bodies for terms of 6 years. However, of
18 the first members appointed, 1 member from each participating
19 township, village, or qualified city shall be appointed for a
20 term of 4 years. A member of a joint administrative board shall
21 not be an employee of a police or fire department of a
22 participating township, village, or qualified city. A member of
23 a joint administrative board may be compensated for each meeting,
24 not to exceed 52 per year, at a rate not to exceed $30.00 by the
25 joint administrative board for each meeting the member attends
26 and shall be reimbursed for actual and necessary expenses
27 incurred in the performance of board duties. A vacancy on a
1 joint administrative board shall be filled by the original
2 appointing governing body for the remainder of the unexpired
3 term.
4 (2) At its first meeting, a joint administrative board shall,
5 by resolution approved by a majority of its members, select an
6 additional member who shall be a resident of a participating
7 township, village, or qualified city. The members shall annually
8 elect a chairperson and a vice-chairperson from the board
9 membership. A joint administrative board shall hold 4 regular
10 quarterly meetings a year and special meetings as necessary at
11 times as it determines. A joint administrative board shall adopt
12 its own rules of procedure and shall keep a record of its
13 proceedings. A majority of the members constitute a quorum for
14 the transaction of business and the affirmative vote of a
15 majority of all the members is necessary for the adoption of a
16 motion or resolution. The members of a joint administrative
17 board shall be residents of the townships, villages, or qualified
18 cities from which they were appointed. The members of a joint
19 administrative board may be removed by the appointing governing
20 body.
21 (3) A joint administrative board created pursuant to this
22 section shall prepare an annual police department budget or fire
23 department budget, or both, for the police department, fire
24 department, or police and fire departments of each participating
25 township, village, or qualified city. The proposed budgets shall
26 be submitted to and reviewed by the respective governing bodies
27 and may be amended, adopted, or rejected by them. A joint
1 administrative board shall have other powers and duties as
2 considered necessary by the participating governing bodies. A
3 joint administrative board, if authorized to employ and appoint a
4 police chief, fire chief, or other police or fire officers,
5 including detectives, shall only employ and appoint such officers
6 on behalf of an individual township, qualified city, or village
7 and does not constitute a new employer.
8 (4) The business which
that a joint administrative board
9 may perform shall be conducted at a public meeting of the board
10 held in compliance with
the open meetings act, Act No. 267 of
11 the Public Acts of
1976, as amended, being sections 15.261 to
12 15.275 of the Michigan
Compiled Laws 1976 PA 267, MCL
15.261 to
13 15.275. Public notice of the time, date, and place of the
14 meeting shall be given in
the manner required by Act No. 267 of
15 the Public Acts of
1976, as amended the open
meetings act, 1976
16 PA 267, MCL 15.261 to 15.275.
17 (5) A writing prepared, owned, used, in the possession of, or
18 retained by the board in the performance of an official function
19 shall be made available to the public in compliance with the
20 freedom of information
act, Act No. 442 of the Public Acts of
21 1976, as amended,
being sections 15.231 to 15.246 of the Michigan
22 Compiled Laws 1976 PA 442, MCL 15.231 to 15.246.
23 (6) As used in this
section, : (a) "City" means a city with
24 a population of not
more than 15,000. (b) "Governing "governing
25 body" means the body in which the legislative powers of a
26 township, village, or qualified city are vested.