September 8, 2005, Introduced by Reps. Sheltrown and Murphy and referred to the Committee on Local Government and Urban Policy.
A bill to amend 1851 PA 156, entitled
"An act to define the powers and duties of the county boards of
commissioners of the several counties, and to confer upon them
certain local, administrative and legislative powers; and to
prescribe penalties for the violation of the provisions of this
act,"
by amending section 30a (MCL 46.30a).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 30a. (1) A member of the county board of commissioners of
any
county shall not receive or be eligible to receive , or shall
not
receive, an appointment from ,
or be employed by an officer,
board,
committee, or other authority of that the county except as
otherwise provided by law.
(2) In case of an appointment or employment made in violation
of this section, the person shall be removed from the appointment
or employment and both the person making the appointment or
employment
and the person appointed or employed shall be liable
for
moneys paid to the person as salary, wages, or compensation in
connection
with the appointment or employment are responsible for
the costs of enforcing this section not to exceed $100.00. In case
the
appointment or employment is made by a committee or board, a
each member of the committee or board at the time the
appointment
was
made or contract of employment entered into shall be liable or
employment is responsible for the costs of enforcing this section
not
to exceed $100.00. An action for
the recovery of salary,
wages,
or compensation paid in connection with any appointment or
employment
made in contravention of to enforce this section ,
may
be maintained by a taxpayer of the county. The moneys money
recovered in the action shall be deposited in the county treasury
to the credit of the general fund.
(3) The prosecuting attorney of the county, upon the request
of the taxpayer, shall prosecute the action in the taxpayer's
behalf.
(4) A member of the county board of commissioners accepting an
appointment or employment in violation of this section is guilty of
a misdemeanor, punishable by a fine of not more than $100.00 or
imprisonment for not more than 90 days, or both. An officer or
other official, or a member of a board or committee making an
appointment or employment in violation of this section is guilty of
a misdemeanor, punishable by imprisonment for not more than 90
days, or a fine of not more than $100.00, or both.
(5) This act does not limit or prohibit the right of a member
of the county board of commissioners of a county from becoming a
candidate for an elective office at a general or special election,
or from accepting from the county board of commissioners an office
or appointment for which a salary is not paid for the services. A
member of the county board of commissioners may act on a board of
determination or as a special commissioner in connection with all
drainage matters calling for a board of determination. As used in
this section, "salary", "wages", and "compensation" do not include
per diem compensation.
(6) This act does not prohibit a member of the county board of
commissioners of a county from accepting compensation as an
administrator
of the federal emergency employment program, 29
U.S.C.
USC 841 to 851, for that
county. This subsection shall
apply
to compensation received by a member for services rendered
as
an administrator under this subsection after July 12, 1971
and
prior
to before December 1, 1974.
(7) This section does not apply to a county with a population
of 25,000 or less.