April 23, 2014, Introduced by Senators JONES, NOFS and MARLEAU and referred to the Committee on Local Government and Elections.
A bill to amend 1968 PA 2, entitled
"Uniform budgeting and accounting act,"
(MCL 141.421 to 141.440a) by adding section 19a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 19a. (1) By a 2/3 majority vote of the members serving on
its governing body, a city, village, county, or township may
authorize for filing in the circuit court a complaint for removal
of an elective officer of that governmental unit. The grounds for
removal must be 1 or more of the following, which shall be
specified in the complaint:
(a) The officer committed misfeasance, malfeasance, or
nonfeasance in office pertaining to the custody of or accounting
for public money.
(b) The officer failed to obtain or maintain a bond
statutorily required for the office in the amount and manner and
within the time prescribed by law.
(2) The circuit court shall schedule and hold a hearing on the
complaint not less than 30 days nor more than 60 days after the
date the officer who is the subject of the complaint is served with
notice of the action and a copy of the complaint.
(3) After a hearing and an opportunity to present evidence,
the court shall either dismiss the complaint or issue an order
indicating its finding by a preponderance of the evidence that the
officer acted as described in subsection (1)(a) or (b) and
declaring the office immediately vacated.
(4) An action under this section is in addition to any remedy
for removal of a public officer provided in law or municipal
charter.