HB 6241

HOUSE BILL NO. 6241
A bill to amend 1846 RS 16, entitled
"Of the powers and duties of townships, the
election and duties of township officers, and the division of townships,"
(MCL 41.1a to 41.110c) by adding section 70a.
the people of the state of michigan enact:
Sec. 70a. (1)
Except as otherwise provided in this section, if a member of a township board
is absent from more than 50% of regular meetings held under section 72a,
measured at any point in a 12-month period, the member is subject to removal
from office for willful neglect of duty as provided under section 369 of the Michigan
election law, 1954 PA 116, MCL 168.369.
(2) For the purposes of this section, only meetings designated as
regular meetings before the beginning of the calendar year, or meetings added
under an existing charter, ordinance, or statute, count toward the attendance
requirements under subsection (1).
(3) For the purposes of this section, a township board member is not
considered absent if the board member is not present at a regular meeting due
to military service, a temporary medical condition supported by written
documentation signed by a licensed medical professional, or leave permitted by
federal law. The board member shall submit written documentation required under
this subsection to the township clerk.
(4) For the purposes of this section, a township board member is not
considered absent from a regular meeting if the township board determines by a
majority vote at a public meeting that the board member's absence is due to an
extraordinary circumstance.
(5) The township clerk shall confirm receipt of the written
documentation submitted by a township board member under subsection (3). The township
clerk shall not determine the validity or sufficiency of the written
documentation submitted by a township board member under subsection (3). A township
clerk that exercises good faith to comply with this section is immune from any
civil liability for any action or omission.
(6) The township clerk shall provide written notice to the township
board member after the board member has been absent from 40% or more of regular
meetings during a 12-month period. If the township clerk has provided notice
under this subsection and the board member is subject to removal under
subsection (1), the township clerk shall submit charges for willful neglect of
duty as provided under section 369 of the Michigan election law, 1954 PA 116,
MCL 168.369.
(7) If a member of a township board is removed under subsection (1), a
vacancy on the township board is created under section 368 of the Michigan
election law, 1954 PA 116, MCL 168.368. The vacancy must be filled as provided
under section 370 of the Michigan election law, 1954 PA 116, MCL 168.370.
(8) As used in this section:
(a) "Military service" means that term as defined in section
3185 of the revised judicature act of 1961, 1961 PA 236, MCL 600.3185.
(b) "Regular meeting" means a meeting of the township board
that is designated as a regular meeting under the open meetings act, 1976 PA
267, MCL 15.261 to 15.275, and required by statute, charter, or ordinance.