HB-4068, As Passed House, March 29, 2007
January 22, 2007, Introduced by Rep. Mayes and referred to the Committee on Intergovernmental, Urban and Regional Affairs.
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 2003 PA 281.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 9. (1) A county executive who is a qualified elector in
the county shall be elected on a partisan basis for a term of 4
years concurrent with the term of the county prosecuting attorney,
county clerk, county register of deeds, county treasurer, county
sheriff, elected county auditors, and county drain commissioner. If
a county executive is elected at an election different than the
election for county officers, his or her first term shall extend
only until the January following the election for county officers.
(2) The first county executive may be nominated in the same or
next primary or general election held after the election in which
alternate B is approved. The county executive shall then be elected
in the next regular primary or general election occurring not less
than 30 days nor more than 90 days after the date of the election
in which alternate B is approved or in which he or she was
nominated. If a primary or general election is not scheduled during
that period, the board of county commissioners shall call a special
election to elect a county executive. The county executive shall be
nominated and elected pursuant to the laws applicable to the
nomination and election of other county officials.
(3) If the first election of a county executive is a special
election for that purpose only, and only 1 candidate for each
political party qualifies to have his or her name appear on the
primary ballot, a primary election shall not be held, and the
candidate qualifying shall be certified as the nominee of the
political party for which he or she filed.
(4) Except as provided under section 9a, if the office of
elected county executive becomes vacant due to resignation or
death, the vacancy shall be filled by appointment of the board of
county
commissioners. until the next general election. A new county
executive
shall be elected at the next general election after the
resignation
or death of a county executive and in the manner
provided
in this section for the election of county executives. The
newly
elected county executive shall serve a term equal to the
balance
of the term for which the county executive who resigned or
died
was elected. A person
appointed under this subsection shall
take the constitutional oath of office as provided in section 1 of
article XI of the state constitution of 1963 and shall hold office
for the remainder of the unexpired term and until a successor is
elected and qualified. However, if the next general election is to
be held more than 182 days after the vacancy occurs, and it is not
the general election at which a successor in office would be
elected if there were no vacancy, the person appointed shall hold
office only until a successor is elected and qualified at the next
general election in the manner provided by law. The successor shall
hold the office for the remainder of the unexpired term.
(5) The salary of the county executive for the initial term
shall be established by the board of county commissioners at least
6 months before the effective date of the optional unified form of
county government, containing alternate B. The salary shall be
established by the board consistent with the procedures established
for other elected officials. The county executive's salary shall be
commensurate with the duties and responsibilities of the office.
The salary of a county executive shall not be reduced during his or
her term of office except as part of a general salary reduction.