HOUSE BILL No. 4726 May 25, 1999, Introduced by Reps. Law, Richner and O'Neil and referred to the Committee on Constitutional Law and Ethics. A bill to amend 1966 PA 293, entitled "An act to provide for the establishment of charter counties; to provide for the election of charter commissioners; to prescribe their powers and duties; to prohibit certain acts of a county board of commissioners after the approval of the election of a charter commission; to prescribe the mandatory and permissive provisions of a charter; to provide for the exercise by a charter county of certain powers whether or not authorized by its charter; and to prescribe penalties and provide remedies," by amending sections 11a and 14 (MCL 45.511a and 45.514), section 11a as added by 1980 PA 7 and section 14 as amended by 1982 PA 300, and by adding section 22. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 11a. (1) In a county with a population of 1,500,000 or 2 more, the commission shall approve alternative charter proposals 3 for simultaneous submission to the electorspursuant to the pro-4visions ofAS PROVIDED IN this section. 02336'99 TMV 2 1 (2) The commission shall approve for submission 2 2 alternative charter proposals not more than 180 days after the 3 date of completing its organization as provided in section 10. 4 If the commission fails to approve for submission 2 charter pro- 5 posals within the 180-day period, the charter commission shall be 6 dissolved. 7 (3) Before either proposed charter is submitted to the elec- 8 tors, each proposed charter shall be approved by a majority of 9 the members elected to the commission with the vote and names of 10 the members voting on each proposed charter entered in the 11 journal. 12 (4) Except as to the method of selection of a chief adminis- 13 trative officer or an elected county executive; the veto power of 14 the chief administrative officer or the elected county executive; 15 and the removal of the chief administrative officer or the 16 elected county executive, the 2 alternative charter proposals 17 shall not differ. 18 (5) One charter proposal shall provide for a county execu- 19 tive elected at large.on a partisan basis.20 (6) One charter proposal shall provide for a chief adminis- 21 trative officer. The chief administrative officer shall be 22 selected for a 4-year term of office by a majority of the county 23 board of commissioners elected and serving, the chief administra- 24 tive officer may only be removed from office for cause by a 2/3 25 vote of the county board of commissioners elected and serving. 26 (7) A charter shall be declared adopted by the electors if 27 it receives more yes votes than no votes. If both charters 02336'99 3 1 receive more yes votes than no votes, the charterwhichTHAT 2 receives the higher number of yes votes shall be declared 3 adopted. An elector may vote yes or no on either, or both, of 4 the charters. 5 (8) One charter proposal shall provide for the duties and 6 responsibilities of the elected county executive. The other 7 charter proposal shall provide for the duties and responsibili- 8 ties of the chief administrative officer. Under each charter 9 proposal, the duties and responsibilities of the elected county 10 executive or chief administrative officer shall not differ, 11 except as provided in subsection (4), and at a minimum, shall 12 include the duty and responsibility to: 13 (a) Supervise, direct, and control the functions of all 14 departments of the county except those headed by elected 15 officials. 16 (b) Coordinate the various activities of the county and 17 unify the management of its affairs. 18 (c) Enforce all orders, rules, and ordinances of the county 19 board of commissioners and laws of the state required to be 20 enforced by his or her office. 21 (d) Prepare and submit to the county board of commissioners 22 a recommended annual county budget and work program, and adminis- 23 ter the expenditure of funds in accordance with appropriations. 24 An elected officer, county road commissioner, or a body which has 25 the powers of a county road commission may appear before the 26 board as to the officer's, commissioner's, or body's own budget. 27 Not less than once each year the chief administrative officer or 02336'99 4 1 elected county executive shall submit to the county board of 2 commissioners a proposed long-range capital improvement program 3 and capital budget. 4 (e) Except elected officials, appoint, supervise, and at 5 pleasure remove heads of departments and all boards and 6 commissions. 7 (f) Submit recommendations to the board for the efficient 8 conduct of county business. 9 (g) Report to the county board of commissioners on the 10 affairs of the county and its needs, and advise the board not 11 less than once each 3 months on the financial condition of the 12 county. 13 (9) The elected county executive may veto an ordinance or 14 resolution adopted by the county board of commissioners including 15 an item of an ordinance which appropriates funds. The veto shall 16 be certified by the elected county executive to the board of 17 county commissioners not more than 10 daysfromAFTER the date 18 of adoption of an ordinance or resolution. The county board of 19 commissioners may override the veto by a 2/3 vote of the county 20 board of commissioners elected and serving. 21 (10) The ballot shall contain voting instructions and a 22 brief explanation of each charter presented. 23 Sec. 14.(1)A county charter adopted under this act 24 shall provideforall of the following: 25 (A) SUBJECT TO SECTION 22, EITHER THAT THE ELECTION OF ALL 26 COUNTY OFFICERS THAT ARE ELECTED AT LARGE IS PARTISAN OR THAT THE 27 ELECTION OF ALL SUCH OFFICERS IS NONPARTISAN. IF A COUNTY IS 02336'99 5 1 ESTABLISHED AS A HOME RULE COUNTY AFTER JANUARY 1, 2001, AND THE 2 CHARTER PROVIDES FOR THE NONPARTISAN ELECTION OF COUNTY OFFICERS 3 THAT ARE ELECTED AT LARGE, THE CHARTER SHALL ALSO PROVIDE FOR THE 4 PROCEDURES FOR THE NONPARTISAN ELECTIONS WHICH SHALL BE CONDUCTED 5 AS NEARLY AS POSSIBLE IN THE SAME MANNER AS NONPARTISAN ELECTIONS 6 UNDER THE MICHIGAN ELECTION LAW, 1954 PA 116, MCL 168.1 TO 7 168.992. 8 (B)(a)In a county having a population of less than 9 1,500,000, for a salaried county executive,whoshall beIS 10 elected at largeon a partisan basis, and forAND the county 11 executive's authority, duties, and responsibilities. In a county 12 having a population of 1,500,000,or more, a county charter 13 adopted under this act shall provide for a form of executive gov- 14 ernment described and adopted pursuant to the procedures pre- 15 scribed in section 11a. 16 (C)(b) The election ofFOR a legislative body, to be 17 known as the county board of commissioners, whose term of office 18shall beIS concurrent with that of state representatives, and 19fortheir authority, duties, responsibilities, and number, 20 which shall be not less than 5norOR more than 21 in counties 21 of less than 600,000, and not less than 5norOR more than 27 22 in counties of 600,000 or more. The county board of commission- 23 ers shall provide by ordinance for their compensation and may 24 increase or decrease their compensation. However, a change in 25 compensation shall not be effective during the term of office for 26 which the legislative body making the change was elected. The 27 charter shall also provide for thepartisanelection of members 02336'99 6 1 of the legislative body from single member districts to be 2 established by the county apportionment commission as created in 3 section 5 and pursuant to the standards and guidelines estab- 4 lished in section 5 for reapportionment based upon the last offi- 5 cial federal decennial census, effective at the first regular 6 general election of the members of the legislative body occurring 7 not less than 12 months after the completion and certification of 8 the federal DECENNIAL census. Each city and township shall be 9 apportioned so that it has the largest possible number of com- 10 plete districts within its boundaries before any part of the city 11 or township is joined to territory outside the boundaries of the 12 city or township to form a district. 13 (D)(c) The partisanFOR THE election of a sheriff, a 14 prosecuting attorney, a county clerk, a county treasurer, and a 15 register of deeds, andforthe authority of the county board of 16 commissioners to combine the county clerk and register of deeds 17 into 1 office as authorized by law. 18 (E)(d)Except as provided in subdivision(c)(D), FOR 19 the continuation of all existing county offices, boards, commis- 20 sions, and departments whether established by law or by action of 21 the county board of commissioners; the performance of their 22 respective duties by other county offices, boards, commissions, 23 and departments; orforthe discontinuance of these county 24 offices, boards, commissions, and departments. Notwithstanding 25 the provisions of this subdivisionin relation toCONCERNING 26 existing county offices, boards, commissions, and departments, a 02336'99 7 1 county charter shallinsureSATISFY the following 2 REQUIREMENTS: 3 (i) In a county having a population of less than 1,500,000, 4 the charter shall not be in derogation of the powers and duties 5 of the county road commission in the exercise of their statutory 6 duties concerning the preservation of a county road system. The 7 charter for these counties shall provide for the creation of a 8 3-member commission.Not less thanAT LEAST 1 member of the 9 3-member commission shall be a resident of a township within the 10 county. 11 (ii) In a county having a population of 1,500,000 or more, 12 the charter shall provide for the continuation of a county road 13 system within the county. Notwithstanding any other provisions 14 of this act, the charterdescribed in this subparagraphIN SUCH 15 A COUNTY shall provide that responsibility for the determination 16 of the expenditure of all funds for road construction and road 17 maintenance, and for carrying out the powers and duties pertain- 18 ing to a county road system as provided in sections 9 to 32 of 19 chapter4IV ofAct No. 283 of the Public Acts of 1909, as20amended, being sections 224.9 to 224.32 of the Michigan Compiled21Laws1909 PA 283, MCL 224.9 TO 224.32, shall be vested in a 22 3-member commission. The charter shall provide that 1 member of 23 the 3-member commission shall be a resident of the most populous 24 city in the county, 1 member shall be a resident of a city other 25 than the most populous city within the county, and 1 member shall 26 be a resident of a township within the county. The charter shall 27 provide that the 3-member commission shall be appointed by either 02336'99 8 1 the elected county executive or the chief administrative 2 officer. Appointment to the 3-member commission shall require 3 advice and consent by a majority of the county board of commis- 4 sioners elected and serving not more than 60 days after the 5 appointment. If the county board of commissioners does not vote 6 on the appointment within 60 days, the appointmentshall become7 IS final. The charter may provide for a fixed term of years for 8 the members of the 3-member commission, but the charter,9however,shall provide that the members of the 3-member commis- 10 sion may be removed at the pleasure of the elected county execu- 11 tive or the chief administrative officer. The charter shall 12 specify duties and procedures to assure that administrative deci- 13 sions made for road construction shall be coordinated with admin- 14 istrative decisions made for other programswhichTHAT relate 15 to roads. THIS SUBPARAGRAPH DOES NOT APPLY TO A COUNTY IN WHICH 16 THE CHARTER IS AMENDED TO PROVIDE FOR AN ALTERNATIVE METHOD OF 17 CARRYING OUT THE POWERS AND DUTIES THAT ARE OTHERWISE PROVIDED BY 18 LAW FOR A BOARD OF COUNTY ROAD COMMISSIONERS. As used in this 19 subparagraph, "road construction" means all of the following: 20 (A) The building of a new road or street and the improving 21 of an existing road or street by THE correction OF grades, THE 22 INSTALLATION, REPAIR, OR IMPROVEMENT OF drainage structures, THE 23 ALTERATION OF width,OR alignment, or THE REPAIR OR REPLACE- 24 MENT OF THE surface. 25 (B) The building of bridges or grade separations and the 26 repair of these structures by strengthening, widening,andOR 27 the replacement of piers and abutments. 02336'99 9 1 (C) The initial signing of newly constructed roads or 2 streets, major resigning of projects,andOR the installation, 3 replacement, or improvement of traffic signals. 4 (F)(e) TheFOR THE continuation and implementation of a 5 system of pensions and retirement for county officers and 6 employees, inthose countiesA COUNTY having a system in effect 7 at the time of the adoption of the charter. The system provided 8 under the charter shall recognize the accrued rights and benefits 9 of the officers and employees under the systemthenin effect 10 AT THE TIME OF THE ADOPTION OF THE CHARTER. The charter shall 11 not infringe uponnorOR be in derogation of those accrued 12 rights and benefits. The charter shall not preclude future modi- 13 fication of the system. 14 (G)(f) TheFOR THE continuation and implementation of a 15 system of civil service, inthose countiesA COUNTY having a 16 system at the time of the adoption of the charter. The system of 17 civil service provided under the charter shall recognize the 18 rights and status of persons under the civil service system 19thenin effect AT THE TIME OF THE ADOPTION OF THE CHARTER. The 20 charter shall not infringe uponnorOR be in derogation of 21 those rights and that status. The charter shall not preclude 22 future modification of the system. Except as provided in subdi- 23 vision(d)(E), the charter shall provide that the system of 24 civil service be coordinated among the county offices, boards, 25 commissions, and departments. 26 (H)(g)That the general statutes and local acts of this 27 state regarding counties and county officers shall continue in 02336'99 10 1 effect except to the extent that this act permits the charter to 2 provide otherwise, if the charter does in fact provide 3 otherwise. 4 (I)(h)That all ordinances of the county shall remain in 5 effect unless changed by the charter or an ordinance adopted 6 under the charter. 7 (J)(i) TheFOR THE power and authority to adopt, amend, 8 and repeal any ordinance authorized by law, or necessary to carry 9 out any power, function, or service authorized by this act and by 10 the charter. 11 (K)(j) TheFOR THE power and authority to enter into any 12 intergovernmental contractwhichTHAT is not specifically pro- 13 hibited by law. 14 (l)(k) TheFOR THE power and authority to join, estab- 15 lish, or form with any other governmental unit an intergovernmen- 16 tal district or authority for the purpose of performing a public 17 function or service, whichTHAT each is authorized to perform 18 separately,AND the performance of which is not prohibited by 19 law. 20 (M)(l) AFOR A debt limit of not to exceed 10% of the 21 state equalized value of the taxable property within the county. 22 (N)(m) TheFOR THE levy and collection of taxes, FOR the 23 fixing of an ad valorem property tax limitation of not to exceed 24 1% of the state equalized value of the taxable property within 25 the county, and that the levy of taxes from within this ad 26 valorem property tax limitation shall not exceed, unless 27 otherwise approved by the electors, the tax rate in mills, equal 02336'99 11 1 to the number of mills allocated to the county either by a county 2 tax allocation board or by a separate tax limitation under the 3 property tax limitation act,Act No. 62 of the Public Acts of41933, as amended, being sections 211.201 to 211.217a of the5Michigan Compiled Laws1933 PA 62, MCL 211.201 TO 211.217A, in 6 the year immediately preceding the year in which the county 7 adopts a charter. 8 (O)(n) InitiativeFOR INITIATIVE and referendum on all 9 matters within the scope of the county's power and authority;10 andforthe recall of all county officials. 11 (P)(o) AmendmentFOR AMENDMENT or revision of the charter 12 initiated either by action of the legislative body of the county 13 or by initiatory process. An amendment or revision shall not 14 become effective unless the amendment or revision is submitted to 15 the electorate of the county and approved by a majority of those 16 voting. 17 (Q)(p)That the acquisition, operation, and sale of 18 public utility facilities for furnishing light, heat, or power 19 shall be subject to the same restrictions as imposed on cities 20 and villages by the state constitution of 1963 and applicable 21 law. 22 (R)(q) AnnualFOR ANNUAL preparation, review, approval, 23 and adherence to a balanced budget in a mannerwhich assures24 THAT ENSURES coordination among the county offices, boards, com- 25 missions, and departments, except as provided in subdivision 26(d)(E). 02336'99 12 1 (S)(r) AnFOR AN annual audit by an independent certified 2 public accountant of all county funds. 3 (T)(s)That,aIF THE countythatincurs a budget 4 deficit in any fiscal year, BEFORE ADOPTION OF THE NEXT ANNUAL 5 COUNTY BUDGET, THE COUNTY shall prepareand submita detailed 6 and specific 5-year plan for short term financial recovery and 7 long range financial stability AND SUBMIT THE PLAN to the gover- 8 nor and the legislature, before adoption of the next annual9county budget,for review. The5-yearplan shall include, but 10 not be limited to, a projection of annual revenues and expendi- 11 tures, an employee classification and pay plan, a capital 12 improvements budget, and equipment replacement schedules. 13(2) Subsection (1)(d)(ii) shall not apply to a county in14which the charter is amended to provide for an alternative method15of carrying out the powers and duties which are otherwise pro-16vided by law for a board of county road commissioners.17 SEC. 22. (1) IF A COUNTY WAS ESTABLISHED AS A HOME RULE 18 COUNTY BEFORE JANUARY 1, 2001, AT THE FIRST COUNTYWIDE ELECTION 19 TO BE HELD NOT LESS THAN 70 DAYS AFTER THE EFFECTIVE DATE OF THIS 20 SECTION, THE FOLLOWING QUESTION SHALL APPEAR ON THE BALLOT: 21 "SHALL THE PROCESS IN THE COUNTY CHARTER FOR ELECTING THOSE 22 COUNTY OFFICERS THAT ARE ELECTED AT LARGE BE CHANGED FROM PARTI- 23 SAN ELECTIONS TO NONPARTISAN ELECTIONS? 24 YES ( ) 25 NO ( ).". 26 (2) IF A MAJORITY OF THE ELECTORS VOTING ON THE QUESTION 27 VOTE "YES", THE ELECTION OF COUNTY OFFICERS THAT ARE ELECTED AT 02336'99 13 1 LARGE IN THAT COUNTY SHALL BE NONPARTISAN, BEGINNING WITH THE 2 FIRST REGULAR PRIMARY ELECTION TO BE HELD NOT LESS THAN 90 DAYS 3 AFTER THE ELECTION PROVIDED FOR IN SUBSECTION (1), AND THE 4 CHARTER SHALL BE AUTOMATICALLY AMENDED BY THE ADDITION OF THE 5 FOLLOWING PROVISION: "NOTWITHSTANDING ANY OTHER PROVISION OF 6 THIS CHARTER, FOR EACH COUNTY OFFICE FOR WHICH AT LARGE ELECTIONS 7 ARE HELD, A NONPARTISAN PRIMARY ELECTION SHALL BE CONDUCTED AND 8 THE TWO CANDIDATES RECEIVING THE HIGHEST VOTE IN THE PRIMARY 9 ELECTION SHALL BE CANDIDATES IN THE GENERAL ELECTION". 02336'99 Final page. 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