HOUSE BILL No. 4637

 

April 30, 2013, Introduced by Reps. Heise, McMillin, Farrington, Somerville, LaFontaine, Lund, Goike, Kesto, Hooker and Howrylak and referred to the Committee on Transportation and Infrastructure.

 

     A bill to amend 2012 PA 387, entitled

 

"Regional transit authority act,"

 

by amending sections 2, 4, 5, and 6 (MCL 124.542, 124.544, 124.545,

 

and 124.546) and by adding section 4a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "Authority" means a regional transit authority created

 

under this act.

 

     (b) "Board" means the governing body of an authority.

 

     (c) "City" means a city incorporated under the home rule city

 

act, 1909 PA 279, MCL 117.1 to 117.38.

 

     (d) "Cost plus construction contract" means a contract under

 

which the contractor is paid a negotiated amount, regardless of the

 

expenses incurred by the contractor.

 


     (e) "County executive" means the county executive of a county

 

or, if the county does not have an elected county executive, the

 

chair of the county board of commissioners.

 

     (f) "Department" means the state transportation department.

 

     (g) "Fiscal year" means the time period between October 1 of a

 

calendar year through September 30 of the following calendar year.

 

     (h) "Governor's representative" means a resident of a public

 

transit region who is appointed to the board by the governor under

 

section 5(1)(a).

 

     (i) "Local road agency" means that term as defined in section

 

9a of 1951 PA 51, MCL 247.659a.

 

     (j) "Member jurisdiction" means a city or county that appoints

 

a member of a board under section 5.

 

     (k) "Municipality" means a city, village, or township.

 

     (l) (k) "Public transportation" means the movement of

 

individuals and goods by publicly owned bus, rapid transit vehicle,

 

or other conveyance that provides general or special service to the

 

public, but not including school buses or charter or sightseeing

 

service or transportation that is used exclusively for school

 

purposes. Public transportation includes the movement of

 

individuals and goods by privately owned bus, railroad car, rapid

 

transit vehicle, or other conveyance that, under a contract with an

 

authority, provides general or special service to the public, but

 

not including school buses or charter or sightseeing service or

 

transportation that is used exclusively for school purposes. Public

 

transportation is a transportation purpose within the meaning of

 

section 9 of article IX of the state constitution of 1963.

 


     (m) (l) "Public transportation facility" means all plants,

 

equipment, work instrumentalities, and real and personal property

 

and rights used or useful for public transportation.

 

     (n) (m) "Public transportation provider" means a public or

 

private entity that provides public transportation services and

 

includes a contractor providing services to a public transportation

 

provider. Public transportation provider includes an authority or

 

agency existing on or created after the effective date of this act.

 

December 19, 2012. Public transportation provider includes an

 

authority formed under any of the following:

 

     (i) 1963 PA 55, MCL 124.351 to 124.359.

 

     (ii) The urban cooperation act of 1967, 1967 (Ex Sess) PA 7,

 

MCL 124.501 to 124.512.

 

     (iii) 1967 (Ex Sess) PA 8, MCL 124.531 to 124.536.

 

     (iv) 1951 PA 35, MCL 124.1 to 124.13.

 

     (v) The public transportation authority act, 1986 PA 196, MCL

 

124.451 to 124.479.

 

     (vi) The revenue bond act of 1933, 1933 PA 94, MCL 141.101 to

 

141.140.

 

     (o) (n) "Public transit region" means an area of this state

 

consisting of a qualified region. Public transit region also

 

includes a county or a municipality added to a public transit

 

region by an authority under section 4.

 

     (p) (o) "Public transportation system" means a system for

 

providing public transportation in the form of light rail, rolling

 

rapid transit, or other modes of public transportation and public

 

transportation facilities to individuals.

 


     (q) (p) "Qualified county" means a county in this state with

 

the largest population according to the most recent decennial

 

census.

 

     (r) (q) "Qualified region" means a geographic area of this

 

state that includes a qualified county and the 3 counties with the

 

largest populations according to the most recent decennial census

 

that are contiguous to the qualified county.

 

     (s) (r) "Rolling rapid transit system" means bus services that

 

may combine the technology of intelligent transportation systems,

 

traffic signal priority, cleaner and quieter vehicles, rapid and

 

convenient fare collection, and integration with land use policy.

 

Rolling rapid transit may include, but is not limited to, all of

 

the following:

 

     (i) Exclusive rights-of-way.

 

     (ii) Rapid boarding and alighting.

 

     (iii) Integration with other modes of transportation.

 

     Sec. 4. (1) A county or a municipality that is not included in

 

a public transit region and is not a participant in an authority

 

may petition an authority to become a part of the public transit

 

region and the authority, subject to approval of the petition by

 

resolution of the governing body of the petitioning county or

 

municipality.

 

     (2) A petitioning county or municipality shall be added to a

 

public transit region and an authority if both of the following

 

conditions are satisfied:

 

     (a) The petitioning county or municipality is adjacent to a

 

county that is, at the time of the petition, included in the public

 


transit region.

 

     (b) The addition of the petitioning county or municipality to

 

the public transit region and the authority is approved by the

 

board.

 

     (3) If an authority is levying an assessment under section

 

10(2) or a motor vehicle registration tax under section 10(3), or

 

both, a petitioning county or municipality that satisfies the

 

conditions under subsection (2) is a provisional member of the

 

authority without voting power or transportation service from the

 

authority until the assessment levied by the authority under

 

section 10(2) or the motor vehicle registration tax under section

 

10(3), or both, is approved by a majority of the electors of the

 

petitioning county or municipality at the first general or special

 

election held on a regular date as provided in the Michigan

 

election law, 1954 PA 116, MCL 168.1 to 168.992, to occur at least

 

71 days after appointment of a board member representing the

 

petitioning county under or municipality as provided in section

 

5(12).

 

     Sec. 4a. (1) A county or a municipality may withdraw from an

 

authority within 1 year after creation of that authority under this

 

act by a resolution of withdrawal approved by a majority vote of

 

the members elected to and serving on the governing body of that

 

county or municipality.

 

     (2) A county or a municipality may withdraw from an authority

 

at any time after 1 year after creation of that authority under

 

this act by a resolution of withdrawal approved by a 2/3 vote of

 

the members elected to and serving on the governing body of that

 


county or municipality.

 

     (3) If a county seeking to withdraw from an authority under

 

this section has an elected county executive under 1973 PA 139, MCL

 

45.551 to 45.573, the county executive may veto a resolution of

 

withdrawal. A veto may be overridden by a 2/3 vote of the members

 

elected to and serving on the county board of commissioners of that

 

county.

 

     Sec. 5. (1) An authority shall be directed and governed by a

 

board consisting of all of the following:

 

     (a) One governor's representative appointed by the governor,

 

who shall serve without vote.

 

     (b) Two individuals appointed by the county executive of the

 

county within the public transit region with the second largest

 

population according to the most recent decennial census.

 

     (c) Two individuals appointed by the county executive of the

 

county within the public transit region with the third largest

 

population according to the most recent decennial census.

 

     (d) Two individuals appointed by the county executive of a

 

county within the public transit region with the fourth largest

 

population according to the most recent decennial census.

 

     (e) Two individuals appointed by the county executive of the

 

qualified county within the public transit region. One of the 2

 

individuals appointed under this subdivision shall be a resident of

 

a city within the qualified county with the largest population

 

according to the most recent decennial census.

 

     (f) One individual appointed by the mayor of the city within

 

the qualified county with the largest population according to the

 


most recent decennial census.

 

     (g) After the initial appointment of board members under

 

subsection (2), if the addition of a petitioning county or

 

municipality is approved by the board under section 4, 2

 

individuals appointed by the county executive of the petitioning

 

county or the governing body of the petitioning municipality as

 

provided in subsection (12).

 

     (2) Initial appointments of the members of a board shall be

 

made within 90 days after the creation of an authority, and a board

 

may not exercise any powers, duties, functions, or responsibilities

 

under this act until all of the initial members identified under

 

subsection (1) are appointed and qualified. Except as otherwise

 

provided in this section, members of a board shall be appointed for

 

a term of 3 years. Of the members initially appointed, 1 of the 2

 

board members appointed by each county executive under subsection

 

(1)(b) to (e) shall be appointed for an initial term of 1 year, a

 

board member appointed under subsection (1)(f) shall be appointed

 

for an initial term of 2 years, and the governor's representative

 

and 1 of the 2 board members appointed by each county executive

 

under subsection (1)(b) to (e) shall be appointed for an initial

 

term of 3 years. If a vacancy occurs on a board other than by

 

expiration of a term, the vacancy shall be filled in the same

 

manner as the original appointment for the remainder of the term. A

 

board member may continue to serve until a successor is appointed

 

and qualified.

 

     (3) A board member shall not be an employee of the county or

 

city municipality appointing the board member under subsection (1)

 


or an employee of a public transportation provider operating in a

 

public transit region.

 

     (4) A board member shall not be a currently serving elected

 

officer of this state or a political subdivision of this state.

 

     (5) A board member shall be a resident of and registered

 

elector in the county or city municipality from which he or she is

 

appointed.

 

     (6) A board member shall have substantial business, financial,

 

or professional experience relevant to the operation of a

 

corporation or public transportation system.

 

     (7) Upon appointment to the board, a board member shall take

 

and subscribe to the oath of office required under section 1 of

 

article XI of the state constitution of 1963.

 

     (8) A board member shall serve without compensation, but may

 

receive reimbursement for necessary travel and expenses consistent

 

with relevant statutes and the rules and procedures of the civil

 

service commission and the department of technology, management,

 

and budget, subject to available funding.

 

     (9) An individual who is not of good moral character or who

 

has been convicted of, pled guilty or no contest to, or forfeited

 

bail concerning a felony under the laws of this state, any other

 

state, or the United States shall not be appointed or remain as a

 

member of the board.

 

     (10) A member of a board shall discharge the duties of the

 

position in a nonpartisan manner, in good faith, in the best

 

interests of this state, and with the degree of diligence, care,

 

and skill that an ordinarily prudent person would exercise under

 


similar circumstances in a like position. A member of the board

 

shall not make or participate in making a decision, or in any way

 

attempt to use his or her position as a member of the board to

 

influence a decision, on a matter before an authority in which the

 

member is directly or indirectly interested. A member of a board

 

shall not be interested directly or indirectly in any contract with

 

an authority or the department that would cause a substantial

 

conflict of interest. A member of a board shall comply, and a board

 

shall adopt policies and procedures that require members to comply,

 

with the requirements of this subsection and all of the following:

 

     (a) 1978 PA 472, MCL 4.411 to 4.431, as if the board member

 

were subject to that act and that board member's receipt of a gift

 

or compensation would be in violation of that act if given by a

 

lobbyist, a lobbyist agent, or a representative of a lobbyist under

 

that act.

 

     (b) 1978 PA 566, MCL 15.181 to 15.185.

 

     (c) 1968 PA 318, MCL 15.301 to 15.310, as if he or she were a

 

state officer.

 

     (d) 1968 PA 317, MCL 15.321 to 15.330, as if he or she were a

 

public servant.

 

     (e) 1973 PA 196, MCL 15.341 to 15.348, as if he or she were a

 

public officer.

 

     (11) No contract entered into by an authority and no bonds,

 

notes, or other obligations issued by an authority shall be void or

 

voidable except as provided in 1968 PA 318, MCL 15.301 to 15.310,

 

or 1968 PA 317, MCL 15.321 to 15.330. A contract entered into by an

 

authority or a bond, note, or other obligation issued by an

 


authority is not void or voidable by reason of a board member's

 

failure to comply with subsections subsection (10)(a) to (e).

 

     (12) If a county or municipality is added to a public transit

 

region under section 4, the board members representing the transit

 

district consisting of that county or municipality shall be

 

appointed under subsection (1) within 30 days after the conditions

 

of section 4(2)(a) and (b) have been satisfied and at least 71 days

 

prior to an election under section 4(3). If an assessment levied

 

under section 10(2) or a motor vehicle registration tax under

 

section 10(3), or both, is not approved under section 4(3), the

 

appointment of a board member under this subsection is void.

 

     (13) The governor may remove a board member from office for a

 

violation of subsection (9) or (10).

 

     Sec. 6. (1) Within 30 days after the appointment of the

 

members of a board under section 5, the board shall hold its first

 

meeting at a date and time to be determined by the governor's

 

representative. The governor's representative shall serve without

 

vote and shall serve as chairperson of the board. The board members

 

shall elect officers as necessary. The board shall elect all

 

officers annually.

 

     (2) The business of a board shall be conducted at a public

 

meeting held in compliance with the open meetings act, 1976 PA 267,

 

MCL 15.261 to 15.275. Public notice of the date, time, and place of

 

the meeting shall be given in the manner required by the open

 

meetings act, 1976 PA 267, MCL 15.261 to 15.275. A board shall

 

adopt bylaws consistent with the open meetings act, 1976 PA 267,

 

MCL 15.261 to 15.275. After organization, a board shall adopt a

 


schedule of regular meetings. A board shall meet at least once each

 

quarter. A special meeting of a board may be called by the

 

chairperson of the board or as provided in the bylaws of the board.

 

     (3) A majority of the voting members of a board constitute a

 

quorum for the transaction of the business of an authority. Actions

 

of a board shall be by simple majority vote of all voting members

 

of the board, except as follows:

 

     (a) A board shall provide in its bylaws that the following

 

actions require the approval of 7/9 of the voting members, and the

 

7/9 must include the affirmative vote of at least 1 member from

 

each participating county and a member appointed under section

 

5(1)(f):

 

     (i) The placing of a question of the levy of an assessment

 

under section 10(2) on the ballot by an authority.

 

     (ii) The determination of the rate of, or amount of, any

 

assessment to be requested by an authority at an election.

 

     (iii) The placing of a question of approving a motor vehicle

 

registration tax on the ballot by an authority.

 

     (iv) The determination of the rate of, or amount of, any motor

 

vehicle registration tax to be requested by an authority at an

 

election.

 

     (b) A board shall provide in its bylaws that the following

 

actions require the unanimous approval of all voting members of the

 

board:

 

     (i) A determination to acquire, construct, operate, or maintain

 

any form of rail passenger service within a public transit region.

 

     (ii) A determination to acquire a public transportation

 


provider. Unless an authority secures the affirmative vote of a

 

majority of the electors of each member county in the public

 

transit region as provided in section 7(2), the authority shall not

 

acquire a public transportation provider that does business in a

 

public transit region unless both of the following conditions are

 

satisfied:

 

     (A) All accrued liabilities, funded and unfunded, of the

 

public transportation provider being acquired have been paid or are

 

required to be paid by a person other than the authority.

 

     (B) The board unanimously agrees to comply with all

 

requirements for obtaining federal operating and capital assistance

 

grants under the moving ahead for progress in the 21st century act,

 

Public Law 112-141, and the regulations promulgated under the

 

moving ahead for progress in the 21st century act, Public Law 112-

 

141, with respect to the public transportation provider being

 

acquired.

 

     (iii) A determination to place on a ballot the question of

 

acquiring, accepting responsibility for, or obligating itself to

 

assume liability for or to pay any legacy costs, including, but not

 

limited to, costs associated with litigation, claims, assessments,

 

worker's compensation awards or charges, swap losses, pensions,

 

health care, or other postemployment benefits, of a public

 

transportation provider that may be purchased, merged with,

 

assumed, or otherwise acquired by an authority.

 

     (4) A board shall keep a written or printed record of each

 

meeting. A written or printed record of each meeting and any other

 

document or record prepared, owned, used, in the possession of, or

 


retained by an authority in the performance of an official function

 

shall be made available to the public under the freedom of

 

information act, 1976 PA 442, MCL 15.231 to 15.246.

 

     (5) A board shall provide for a uniform system of accounts for

 

an authority to conform to and for the auditing of the authority's

 

accounts. The board shall obtain an annual audit of an authority by

 

an independent certified public accountant and report on the audit

 

and auditing procedures under sections 6 to 13 of the uniform

 

budgeting and accounting act, 1968 PA 2, MCL 141.426 to 141.433.

 

The audit shall be in accordance with generally accepted government

 

auditing standards and shall satisfy federal regulations regarding

 

federal grant compliance audit requirements. An audit obtained

 

under this subsection shall be filed with the state treasurer and

 

the department.

 

     (6) Within 90 days after the first board meeting, a board

 

shall adopt and maintain a budget for the fiscal year in accordance

 

with the uniform budget and accounting act, 1968 PA 2, MCL 141.421

 

to 141.440a.

 

     (7) Within 90 days after the first board meeting, a board

 

shall establish policies and procedures for the purchase of, the

 

contracting for, and the providing of supplies, materials,

 

services, insurance, utilities, third-party financing, equipment,

 

printing, and all other items as needed by an authority to

 

efficiently and effectively meet its needs using competitive

 

procurement methods to secure the best value for the authority. A

 

board shall make all discretionary decisions concerning the

 

solicitation, award, amendment, cancellation, and appeal of

 


authority contracts. In establishing policies and procedures under

 

this subsection, a board shall provide for the acquisition of

 

professional services, including, but not limited to, architectural

 

services, consulting services, engineering services, surveying

 

services, accounting services, services related to the issuance of

 

bonds, and legal services, in accordance with a competitive,

 

qualifications-based selection process and procedure for the type

 

of professional service required by an authority.

 

     (8) Beginning 1 calendar year after the creation of an

 

authority under this act, the board shall submit a report to the

 

house of representatives and senate appropriations subcommittees on

 

transportation and the house of representatives and senate

 

committees on transportation on March 31 of each year that includes

 

all of the following information from the preceding calendar year:

 

     (a) Financial status of the authority.

 

     (b) Financial status of public transportation providers within

 

the public transit region.

 

     (c) Operating costs of the authority.

 

     (d) The status of any rolling rapid transit system.

 

     (e) The average daily and annual ridership of a rolling rapid

 

transit system.

 

     (f) The dashboard developed by the authority under subsection

 

(9)(d).

 

     (g) The number and severity of any accidents that occur that

 

involve a rolling rapid transit system.

 

     (9) Within 120 days after the first board meeting, a board

 

shall establish a website for the authority and the authority shall

 


post on the website its budget, policies and procedures, and

 

updates on authority activities and transactions and the progress

 

of any project, including, but not limited to, a proposed rolling

 

rapid transit system, as they become available. An authority shall

 

also post all of the following information on a website established

 

under this subsection:

 

     (a) An asset management plan for all revenue vehicles and

 

facilities, major facility components, and major pieces of

 

equipment as defined by the department. An authority shall update

 

the asset management plan annually.

 

     (b) The method used by the authority to determine the

 

percentage of operating costs that will be funded with local funds

 

and the percentage that will be funded with fares. An authority

 

shall update this information every 3 years.

 

     (c) A plan and a commitment to conduct a survey of user

 

satisfaction and a survey of general public satisfaction with the

 

services and performance of the authority once every 3 years. An

 

authority shall provide results for the most recent completed

 

surveys under this subdivision to the department.

 

     (d) A dashboard of the authority's performance that includes,

 

at a minimum, the information required under subdivisions (a)

 

through to (c). The dashboard shall also include annual performance

 

indicators for the authority that have been established by the

 

board. The dashboard shall be readily available to the public, and

 

the authority shall update the dashboard annually.

 

     (10) A board may not enter into a cost plus construction

 

contract unless all of the following apply:

 


     (a) The contract cost is will be less than $50,000.00.

 

     (b) The contract is for emergency repair or construction

 

caused by unforeseen circumstances.

 

     (c) The repair or construction is necessary to protect life or

 

property.

 

     (d) The contract complies with state and federal law.

 

     (11) Within 90 days after the first board meeting, a board

 

shall adopt a procurement policy consistent with the requirements

 

of this act and federal and state laws relating to procurement.

 

Preference shall be given to firms based in a public transit region

 

and each county and municipality within a public transit region,

 

consistent with applicable law.

 

     (12) Nothing in this section shall be construed as creating a

 

quota or set-aside for any city municipality or any county in a

 

public transit region, and no quota or set-aside shall be created.

 

     (13) An authority shall issue an annual report to the board

 

and each member jurisdiction within a public transit region

 

detailing all contracts entered into and listing the names and

 

headquarters of all authority vendors with whom the authority has

 

contracted for services during the previous fiscal year.

 

     (14) Within 90 days after the first board meeting, a board

 

shall establish and adopt all of the following:

 

     (a) A policy to govern the control, supervision, management,

 

and oversight of each contract to which an authority is a party.

 

     (b) Procedures to monitor the performance of each contract to

 

assure ensure execution of the contract within the budget and time

 

periods provided under the contract. The monitoring shall include

 


oversight as to whether the contract is being performed in

 

compliance with the terms of the contract, this act, and federal

 

and state law. The chief executive officer or other authorized

 

employee of an authority shall not sign or execute a contract until

 

the contract is approved by the board.

 

     (c) Policies to ensure that an authority does not enter into a

 

procurement or employment contract with a person who has been

 

convicted of a criminal offense related to the application for or

 

performance of a contract or subcontract with a governmental entity

 

in any state. As used in this subdivision and subdivision (d),

 

"person" includes affiliates, subsidiaries, officers, directors,

 

and managerial employees of a business entity, or an individual or

 

entity who, indirectly or directly, holds a pecuniary interest in a

 

business entity of 20% or more.

 

     (d) Polices to ensure that the authority does not enter into a

 

procurement or employment contract with a person who has been

 

convicted of a criminal offense, or held liable in a civil

 

proceeding, in this state or any other state, that negatively

 

reflects on the person's business integrity, based on a finding of

 

embezzlement, theft, forgery, bribery, falsification or destruction

 

of records, receiving stolen property, violation of state or

 

federal antitrust statutes, or similar laws.

 

     (15) An authority is not required to use competitive bidding

 

when acquiring proprietary services, equipment, or information

 

available from a single source, such as a software license

 

agreement. An authority may enter into a competitive purchasing

 

agreement with the federal government, this state, or other public

 


entities for the purchase of necessary goods or services. An

 

authority may enter into lease purchases or installment purchases

 

for periods not exceeding the useful life of the items purchased

 

unless otherwise prohibited by law. In all purchases made by an

 

authority, if consistent with applicable federal and state law,

 

preference shall be given first to products manufactured or

 

services offered by firms based in the authority's public transit

 

region, including, but not limited to, the cities municipalities

 

and counties in a public transit region, and second to firms based

 

in this state. An authority shall actively solicit lists of

 

potential bidders for authority contracts from each city

 

municipality and each county in a public transit region. Except as

 

otherwise provided in this section, an authority shall utilize

 

competitive solicitation for all purchases authorized under this

 

act unless 1 or more of the following apply:

 

     (a) An emergency directly and immediately affecting service or

 

public health, safety, or welfare requires the immediate

 

procurement of supplies, materials, equipment, or services to

 

mitigate an imminent threat to public health, safety, or welfare,

 

as determined by an authority or its chief executive officer.

 

     (b) Procurement of goods or services is for emergency repair

 

or construction caused by unforeseen circumstances when the repair

 

or construction is necessary to protect life or property.

 

     (c) Procurement of goods or services is in response to a

 

declared state of emergency or state of disaster under the

 

emergency management act, 1976 PA 390, MCL 30.401 to 30.421.

 

     (d) Procurement of goods or services is in response to a

 


declared state of emergency under 1945 PA 302, MCL 10.31 to 10.33.

 

     (e) Procurement of goods or services is in response to a

 

declared state of energy emergency under 1982 PA 191, MCL 10.81 to

 

10.89.

 

     (f) Procurement of goods or services is under a cooperative

 

purchasing agreement with the federal government, this state, or

 

another public entity for the purchase of necessary goods and

 

services at fair and reasonable prices using a competitive

 

procurement method for authority operations.

 

     (g) The value of the procurement is less than $25,000.00, and

 

the board has established policies or procedures to ensure that

 

goods or services with a value of less than $25,000.00 are

 

purchased by the board at fair and reasonable prices, including a

 

requirement that for purchases and sales of $25,000.00 or less, but

 

over $5,000.00, written price quotations from at least 3 qualified

 

and responsible vendors shall be obtained or a memorandum shall be

 

kept on file showing that fewer than 3 qualified and responsible

 

vendors exist in the market area within which it is practicable to

 

obtain quotations. Procurement of goods or services with a value of

 

less than $5,000.00 may be negotiated with or without using

 

competitive bidding as authorized in a procurement policy adopted

 

by the board.

 

     (16) Notwithstanding any other requirement of this act, if an

 

authority applies for and receives state or federal funds that

 

require the authority to comply with procurement or contracting

 

requirements that are in conflict with this act, the state or

 

federal requirements shall take precedence over the requirements of

 


this act.

 

     (17) A board may employ personnel as it considers necessary to

 

assist the board in performing the powers, duties, and

 

jurisdictions of the authority, including, but not limited to,

 

employment of a chief executive officer and other senior executive

 

and administrative staff. A board shall hire a chief executive

 

officer and any necessary support staff for the chief executive

 

officer. Individual board members shall not hire or be assigned

 

personal staff.

 

     (18) A board shall establish policies to ensure that the board

 

and an authority do not do either of the following:

 

     (a) Fail or refuse to hire, recruit, or promote; demote;

 

discharge; or otherwise discriminate against an individual with

 

respect to employment, compensation, or a term, condition, or

 

privilege of employment, or a contract with the authority in a

 

manner that is not in compliance with state or federal law.

 

     (b) Limit, segregate, or classify an employee, a contractor,

 

or an applicant for employment or a contract in a way that deprives

 

or tends to deprive the employee, contractor, or applicant of an

 

employment opportunity or otherwise adversely affects the status of

 

an employee, contractor, or applicant in a manner that is not in

 

compliance with state or federal law.

 

     (19) A board shall create a citizens' advisory committee that

 

consists of public transit region residents. The citizens' advisory

 

committee shall be composed as follows:

 

     (a) Forty percent of the committee shall be made up of users

 

of public transportation, as follows:

 


     (i) At least 25% of the users of public transportation on the

 

committee shall be senior citizens or persons with disabilities.

 

     (ii) Two users of public transportation from each of the

 

following counties within the public transit region for the

 

authority:

 

     (A) The qualified county.

 

     (B) The county with the second largest population according to

 

the most recent decennial census.

 

     (C) The county with the third largest population according to

 

the most recent decennial census.

 

     (D) The county with the fourth largest population according to

 

the most recent decennial census.

 

     (iii) Two users of public transportation from the city in the

 

qualified county with the largest population according to the most

 

recent decennial census.

 

     (iv) Two users of public transportation from each additional

 

county or municipality participating in the authority under section

 

4 and not listed in subparagraph (ii).

 

     (b) Twenty percent of the committee shall be made up of

 

individuals from organizations representing senior citizens and

 

persons with disabilities.

 

     (c) Forty percent of the committee shall be made up of

 

individuals representing business, labor, community, and faith-

 

based organizations.

 

     (20) A citizens' advisory committee created under subsection

 

(19) may meet at least once every quarter. The citizens' advisory

 

committee may make reports to a board, including recommendations,

 


at each board meeting. A citizens' advisory committee may do all of

 

the following:

 

     (a) Review and comment on the comprehensive regional public

 

transit service plan for a public transit region and all annual

 

updates.

 

     (b) Advise a board regarding the coordination of functions

 

between different owners and operators of public transportation

 

facilities within a public transit region.

 

     (c) Review and comment on a specialized services coordination

 

plan required by section 10e of 1951 PA 51, MCL 247.660e.

 

     (d) Upon request of a board, provide recommendations on other

 

matters that concern public transportation in a public transit

 

region.

 

     (21) A board shall create a public transportation provider

 

advisory council that consists of 2 members appointed by each

 

public transportation provider in the public transit region. The

 

public transportation provider advisory council may make reports to

 

a board, including recommendations, at each board meeting. The

 

public transportation provider advisory council shall only make

 

recommendations to a board on the following issues:

 

     (a) Coordination of service.

 

     (b) Funding.

 

     (c) Plans.

 

     (d) Specialized services.

 

     (e) Other matters as requested by a board.