HOUSE BILL NO. 5665

March 17, 2020, Introduced by Reps. Yaroch, Vaupel and Marino and referred to the Committee on Elections and Ethics.

"The revised school code,"

by amending sections 619 and 1107 (MCL 380.619 and 380.1107), as added by 2004 PA 234.

the people of the state of michigan enact:

Sec. 619. (1) The governor may remove or suspend a member of an intermediate school board from office under this section if the governor is satisfied from the evidence submitted to the governor that the member is guilty of gross neglect of duty, corrupt conduct in office, or any other misfeasance or malfeasance in office.

(2) Before the governor removes or suspends an intermediate school board member under this section, all of the following procedures shall must be followed:

(a) Charges shall must be submitted to the governor in writing specifying the grounds for removal or suspension. The charges shall must be accompanied by any supporting evidence and by the affidavit of the person making the charges verifying that the person believes the charges to be true.

(b) A copy of the charges shall must be served on the intermediate school board member. Service shall must be made as follows:

(i) If the intermediate school board member can be found, by handing the intermediate school board member a copy of the charges and of any affidavits or exhibits accompanying the charges.

(ii) If the intermediate school board member cannot be found, by leaving a copy of the charges and of any affidavits or exhibits accompanying the charges with a person of suitable age at the intermediate school board member's last known place of residence or, if a person of suitable age is not available, by posting the copy or copies in a conspicuous place at the intermediate school board member's last known place of residence.

(d) Within 60 days after receiving charges under this subsection, the governor shall do both of the following:

(i) Review the charges to determine whether the evidence supports a finding of gross neglect of duty, corrupt conduct in office, or any other misfeasance or malfeasance in office by the intermediate school board member.

(ii) Notify the person making the charges of the determination made under subparagraph (i).

(3) The governor may consider the determination under subsection (2)(d)(i) in exercising his or her powers and duties under any law of this state relating to the removal of an intermediate school board member.

(4) (3) A person removed from office under this section is not eligible for election or appointment to a school board or intermediate school board for a period of 3 years from the date of removal.

Sec. 1107. (1) The governor may remove or suspend a member of a school board from office under this section if the governor is satisfied from the evidence submitted to the governor that the member is guilty of gross neglect of duty, corrupt conduct in office, or any other misfeasance or malfeasance in office.

(2) Before the governor removes or suspends a school board member under this section, all of the following procedures shall must be followed:

(b) A copy of the charges shall must be served on the school board member. Service shall must be made as follows:

(i) If the school board member can be found, by handing the school board member a copy of the charges and of any affidavits or exhibits accompanying the charges.

(ii) If the school board member cannot be found, by leaving a copy of the charges and of any affidavits or exhibits accompanying the charges with a person of suitable age at the school board member's last known place of residence or, if a person of suitable age is not available, by posting the copy or copies in a conspicuous place at the school board member's last known place of residence.

(d) Within 60 days after receiving charges under this subsection, the governor shall do both of the following:

(ii) Notify the person making the charges of the determination made under subparagraph (i).

(3) The governor may consider the determination under subsection (2)(d)(i) in exercising his or her powers and duties under any law of this state relating to the removal of a school board member.

(4) (3) A person removed from office under this section is not eligible for election or appointment to a school board or intermediate school board for a period of 3 years from the date of removal.