Substitute For

HOUSE BILL NO. 4884

"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 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 an intermediate school board member under this section, all of the following procedures shall must be followed:

(a) Charges shall against the intermediate school board member must be submitted to the governor in writing by an intermediate school elector of the intermediate school district that the intermediate school board member represents specifying the grounds for removal. 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 Within 10 business days after receiving charges under subdivision (a), the governor shall serve or cause to be served a copy of the charges shall 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.

(c) The intermediate school board member shall must be given an opportunity a minimum of 10 business days after service is made under subdivision (b) to respond to the charges.

(d) Subject to subdivision (e), within 60 calendar days after receiving charges under this subsection, the governor shall do all 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).

(iii) Notify the accused intermediate school board member of the determination made under subparagraph (i).

(e) If, after reviewing the charges, the governor does not make a determination within 60 calendar days as required under subdivision (d), the governor shall notify the individual making the charges and the accused intermediate school board member that no action will be taken on the charges. The individual making the charges is not prohibited from filing the same or similar charges against the accused intermediate school board member under this section.

(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 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 a school board member under this section, all of the following procedures shall must be followed:

(a) Charges shall against the school board member must be submitted to the governor in writing by a school elector of the school district that the school board member represents specifying the grounds for removal. 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 Within 10 business days after receiving charges under subdivision (a), the governor shall serve or cause to be served a copy of the charges shall 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.

(c) The school board member shall must be given an opportunity a minimum of 10 business days after service is made under subdivision (b) to respond to the charges.

(d) Subject to subdivision (e), within 60 calendar days after receiving charges under this subsection, the governor shall do all of the following:

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

(iii) Notify the accused school board member of the determination made under subparagraph (i).

(e) If, after reviewing the charges, the governor does not make a determination within 60 calendar days as required under subdivision (d), the governor shall notify the individual making the charges and the accused school board member that no action will be taken on the charges. The individual making the charges is not prohibited from filing the same or similar charges against the accused school board member under this section.

(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.