SB-0881, As Passed House, December 16, 2003SB-0881, As Passed Senate, December 11, 2003                                                                        

SUBSTITUTE FOR

SENATE BILL NO. 881

                                                                             A bill to amend 1973 PA 139, entitled                                             

"An act to provide forms of county government; to provide for               

county managers and county executives and to prescribe their                

powers and duties; to abolish certain departments, boards,                  

commissions, and authorities; to provide for transfer of certain            

powers and functions; to prescribe powers of a board of county              

commissioners and elected officials; to provide organization of             

administrative functions; to transfer property; to retain                   

ordinances and laws not inconsistent with this act; to provide              

methods for abolition of a unified form of county government; and           

to prescribe penalties and provide remedies,"                               

by amending section 9 (MCL 45.559), as amended by 1980 PA 100,              

and by adding section 9a.                                                   

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 9.  (1) A county executive who is a qualified elector                  

2   in the county shall be elected on a partisan basis for a term of            

3   4 years concurrent with  that the term of the county prosecuting           

4   attorney, county clerk, county register of deeds, county                    

5   treasurer, county sheriff, elected county auditors, and county              

6   drain commissioner.   The first term of office of If a county              

1   executive  , when is elected at an election different than the             

2   election for county officers, his or her first term shall extend            

3   only until the January following the election  at which for

4   county officers.  are elected.

5       (2) The first county executive may be nominated in the same                 

6   or next primary or general election held after the election in              

7   which alternate B is approved.  The county executive shall then             

8   be elected in the next regular primary or general election                  

9   occurring not less than 30 days nor more than 90 days after the             

10  date of the election in which alternate B is approved or in which           

11  he or she was nominated.  If a primary or general election is not           

12  scheduled during  the that period, the  county executive shall             

13  be elected at a special election called by the  board of county             

14  commissioners  for this purpose within the period.  Thereafter,             

15  the shall call a special election to elect a county executive.             

16  The county executive shall be nominated and elected  in                     

17  accordance with and subject pursuant to the laws applicable to             

18  the nomination and election of other county officials.                      

19      (3) If the first election of a county executive is a special                

20  election for that purpose only, and  not more than only 1                  

21  candidate for each political party qualifies to have his or her             

22  name appear on the primary ballot, a primary election shall not             

23  be held, and the candidate qualifying shall be certified as the             

24  nominee of the political party for which he or she filed.                   

25      (4)  The Except as provided under section 9a, if the office                

26  of elected county executive  which  becomes vacant due to                   

27  resignation or death, the vacancy shall be filled by appointment            

1   of the board of county commissioners until the next general                 

2   election.  A new county executive shall be elected at the next              

3   general election after the resignation or death of a county                 

4   executive and in the manner provided in this section for the                

5   election of county executives.  The newly elected county                    

6   executive shall serve a term equal to the balance of the term for           

7   which the county executive who resigned or died was elected.                

8       (5) The salary of the county executive for the initial term                 

9   shall be established by the board of county commissioners  not              

10  less than at least 6 months before the effective date of the               

11  optional unified form of county government, containing alternate            

12  B.  becomes effective.  The salary shall be established by the              

13  board consistent with the procedures established for other                  

14  elected officials.  The county executive's salary shall be                  

15  commensurate with the duties and responsibilities of the office.            

16  The salary of a county executive shall not be reduced during his            

17  or her term of office except as part of a general salary                    

18  reduction.                                                                  

19  Sec. 9a.  (1) For counties with a population of more than                   

20  1,000,000, if a vacancy occurs in the office of the elected                 

21  county executive due to death or resignation of the elected                 

22  county executive, the chief deputy shall take the constitutional            

23  oath of office and serve as the county executive until the county           

24  board of commissioners appoints a successor to the elected county           

25  executive or until a special election is held as provided by                

26  law.                                                                        

27      (2) If the county board of commissioners elects to appoint a                

Senate Bill No. 881 as amended December 11, 2003                            

1   successor, the appointment shall be made no later than 30 days              

2   from the date of the death or resignation.  A county executive              

3   appointed by the county board of commissioners shall serve until            

4   the next general election.  If the county board of commissioners            

5   does not make an appointment within the required 30 days under              

6   this subsection, a special election shall be held at the earliest           

7   possible date allowed by law.                                               

8       (3) If the chief deputy is unable to serve as the county                    

9   executive due to death or resignation of the chief deputy, the              

10  next highest ranking deputy shall take the constitutional oath of           

11  office and serve as the county executive until the county board             

12  of commissioners appoints a successor as provided under                     

13  subsection (1) or until a special election is held as provided by           

14  law.                                                                        

15      (4) A new county executive shall be elected at the next                     

16  general election after the death or resignation of a county                 

17  executive as provided in section 9 for the election of county               

18  executives.  The newly elected county executive shall serve a               

19  term equal to the balance of the term for which the county <<executive who died or resigned was elected.>>

20      (5) Within 10 days after being sworn in, the county executive               

21  shall appoint a chief deputy.  The county executive may also                

22  appoint additional deputies whom he or she considers necessary to           

23  perform the functions and duties of the office of elected county            

24  executive.                                                                  

25      (6) The county executive shall file a statement with the                    

26  county clerk identifying the individual appointed as chief deputy           

27  and all other individuals appointed as a deputy or assistant                

1   deputy.  The statement shall also identify the ranking order of             

2   the deputies.                                                               

3   (7) If the county executive is absent or unable to perform                  

4   the duties of his or her office, the chief deputy shall perform             

5   the duties of the county executive until such time that the                 

6   elected county executive can resume the duties of his or her                

7   office.                                                                     

8       (8) The county executive may revoke his or her appointments                 

9   at any time.