HB 6238

HOUSE BILL NO. 6238
A bill to amend 1909 PA 278, entitled
"The home rule village act,"
(MCL 78.1 to 78.28) by adding section 23a.
the people of the state of michigan enact:
Sec. 23a. (1)
Except as otherwise provided in this section, if a member of a legislative body
of a village is absent from more than 50% of regular meetings of the
legislative body of the village held as provided in that village'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 383 of the
Michigan election law, 1954 PA 116, MCL 168.383.
(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 village 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 village clerk.
(4) For the purposes of this section, a member of the legislative body
of a village is not considered absent from a regular meeting if the legislative
body of the village determines by a majority vote at a public meeting that the
member's absence is due to an extraordinary circumstance.
(5) The village clerk shall confirm receipt of the written documentation
submitted by a member of the legislative body of the village under subsection
(3). The village clerk shall not determine the validity or sufficiency of the written
documentation submitted by a member of the legislative body of the village
under subsection (3). A village clerk that exercises good faith is immune from
any civil liability for any action or omission.
(6) The village clerk shall provide written notice to a member of the
legislative body of the village after the member has been absent from 40% or
more of regular meetings during a 12-month period. If the village clerk has
provided notice under this subsection and the member of the legislative body of
the village is subject to removal under subsection (1), the village clerk shall
submit charges for willful neglect of duty as provided under section 383 of the
Michigan election law, 1954 PA 116, MCL 168.383.
(7) If a member of the legislative body of a village is removed under
subsection (1), a vacancy is created on the legislative body of the village.
The vacancy must be filled as provided in that village'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 village 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.