HB 6240

HOUSE BILL NO. 6240
A bill to amend 1909 PA 279, entitled
"The home rule city act,"
(MCL 117.1 to 117.38) by adding section 3c.
the people of the state of michigan enact:
Sec. 3c. (1) Except as otherwise provided in this section, if a member
of the legislative body of a city is absent from more than 50% of regular
meetings of the legislative body of the city held as provided in that city's
charter, 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 327
of the Michigan election law, 1954 PA 116, MCL 168.327.
(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 member of the legislative body
of a city is not considered absent if the 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 member shall submit the written documentation
required under this subsection to the city clerk.
(4) For the purposes of this section, a member of the legislative body
of a city is not considered absent from a regular meeting if the legislative
body of the city determines by a majority vote at a public meeting that the
member's absence is due to an extraordinary circumstance.
(5) The city clerk shall confirm receipt of the written documentation
submitted by a member of the legislative body of the city under subsection (3).
The city clerk shall not determine the validity or sufficiency of the written documentation
submitted by a member of the legislative body of the city under subsection (3).
A city clerk that exercises good faith to comply with this section is immune
from any civil liability for any action or omission.
(6) The city clerk shall provide written notice
to a member of the legislative body of the city after the member has been
absent from 40% or more of regular meetings during a 12-month period. If the
city clerk has provided notice under this subsection and the member of the
legislative body of the city is subject to removal under subsection (1), the
city clerk shall submit charges for willful neglect of duty as provided under
section 327 of the Michigan election law, 1954 PA 116, MCL 168.327.
(7) If a member of the legislative body of a city is removed under
subsection (1), a vacancy is created on the legislative body of the city. The
vacancy must be filled as provided in that city's charter.
(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 legislative body
of a city 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.