HOUSE BILL NO. 6378

November 12, 2020, Introduced by Reps. Coleman, Meerman and Steven Johnson and referred to the Committee on Government Operations.

"The general law village act,"

by amending section 1 of chapter II, sections 5 and 8 of chapter V, sections 3a and 4 of chapter VI, section 26 of chapter VII, and section 6 of chapter XIV (MCL 62.1, 65.5, 65.8, 66.3a, 66.4, 67.26, and 74.6), section 1 of chapter II as amended by 2004 PA 300, section 5 of chapter V as amended by 2020 PA 81, section 8 of chapter V, section 3a of chapter VI, and section 26 of chapter VII as amended by 1998 PA 255, and section 4 of chapter VI as amended by 2012 PA 10.

the people of the state of michigan enact:

CHAPTER II—OFFICERS.

Sec. 1. (1) Except as provided in subsections (2) and (3), in each village, the following officers shall must be elected: a president, 6 trustees, 1 clerk, and 1 treasurer. The president and trustees constitute the council. In all votes for which not less than a majority vote of council is required, the calculation of the number of votes required shall must be based on the maximum number that constitutes council.

(2) The council by a vote of 2/3 of the members of council may provide by ordinance for the reduction in the number of trustees to 4 or for the election of all trustees at the same election for 2-year terms at the first possible election after 2004 who with the president shall constitute the council, and may provide by ordinance for the method of changing from 2-year staggered terms to 4-year staggered terms. If village trustees are elected biennially for staggered 4-year terms, the ordinance shall must as nearly as possible maintain staggered terms and provide for an equal number of seats to be filled at each election. The ordinance may extend but shall must not shorten the term of an incumbent trustee. The ordinance may extend a prospective term. The ordinance shall must not shorten or eliminate a prospective term unless the nomination deadline for that term is not less than 30 days after the effective date of the ordinance. An ordinance adopted under this subsection shall must satisfy both of the following conditions:

(a) The ordinance shall must be voted on and adopted at a meeting that occurs not less than 10 days after the initial meeting or public hearing at which the ordinance was considered.

(b) Notice Before January 1, 2022, notice of each meeting at which the ordinance is considered indicating that an ordinance reducing the size of the council or to change the time of election of the trustees comprising the council will be 1 of the subjects of the meeting shall must be published not less than 10 days before the meeting in a newspaper of general circulation in the village. Beginning January 1, 2022, public notice of each meeting at which the ordinance is considered indicating that an ordinance reducing the size of the council or to change the time of election of the trustees composing the council will be 1 of the subjects of the meeting must be provided in the manner required under the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

(3) The council by a vote of 2/3 of the members of council may provide by ordinance for the nomination by the president and the appointment by the council of the clerk or the treasurer or both for such a term as the ordinance may provide. The ordinance shall apply applies beginning with the first term the nomination deadline for which would have been not less than 30 days after the effective date of the ordinance or shall apply applies when the office is vacated, whichever occurs first.

(4) The council shall provide that an ordinance adopted under subsection (2) or (3) takes effect 45 days after the date of adoption unless a petition signed by not less than 10% of the registered electors of the village is filed with the village clerk within the 45-day period, in which case the ordinance takes effect upon approval at an election held on the question. Notice of the delayed effect of the ordinance and the right of petition under this subsection shall must be published or posted separately at the same time, and in the same manner, as the ordinance is published pursuant to or posted under section 4 of chapter VI. The village clerk shall verify the signatures on the petitions. If a petition bearing the required number of valid signatures of electors is filed, the question of adoption of adopting the ordinance shall must be submitted at the next general or special election. The ballot language for the question shall must be prepared by the village clerk, unless the question concerns the appointment of the clerk under subsection (2), (3), in which case the ballot language shall must be prepared by the village council.

(5) A village that has adopted an ordinance reducing the number of trustees to 4 or providing for the appointment by the council of the clerk or treasurer may increase the number of trustees to 6 or provide for the election of the clerk or treasurer by the same process as provided in subsection (2) or (3), respectively, and in subsection (4).

CHAPTER V—VILLAGE COUNCIL.

Sec. 5. (1) The council shall prescribe the rules of its own proceedings, and shall keep a record of those proceedings. Except as otherwise provided in this section, a majority of the members of council are a quorum for the transaction of business. A majority of the members of council serving, if meeting to fill a vacancy in the office of village president or village trustee, are a quorum for the transaction of business. A lesser number may adjourn and compel the attendance of absent members in a manner as prescribed by ordinance. In the absence of an ordinance, if the village council lacks a quorum for more than 60 consecutive calendar days, then the presiding officer of the village council may compel the attendance of board members and other officers of the village at a regular or special meeting and enforce the orderly conduct in the meeting. A member of the council or any other officer of the village who refuses to attend a meeting for a reason other than a confining illness or extenuating circumstances is guilty of gross neglect of duty. Any police officer designated by the presiding officer of the meeting shall serve as the sergeant-at-arms of the village council in the enforcement of this subsection.

(2) An office must not be created or abolished; a street, alley, or public ground vacated; real estate or an interest in real estate purchased, leased, sold, or disposed of; or a public improvement ordered, except by a majority vote of the members of council. The vote must be taken by yeas and nays, and entered in the journal. However, a tax must not be increased or a special assessment imposed except by an affirmative vote of 2/3 of the members of council.

(3) Money must not be appropriated except by ordinance or resolution of the council. An ordinance appropriating money must not be passed, or a resolution appropriating money must not be adopted, except by a majority vote of the members of council. The vote must be taken by yeas and nays, and entered in the journal. Within Before January 1, 2022, within 15 days after a meeting of the council, a synopsis or the entirety of the proceedings, including the vote of the members, prepared by the clerk and approved by the president showing the substance of each separate decision of the council must be published in a newspaper of general circulation in the village or posted in 3 public places in the village. Beginning January 1, 2022, within 15 days after a meeting of the council, public notice of a synopsis or the entirety of the proceedings, including the vote of the members, prepared by the clerk and approved by the president showing the substance of each separate decision of the council must be posted as set forth in the local government public notice act.

(4) A writing prepared, owned, used, in the possession of, or retained by the council or by the clerk, treasurer, or other officer of the village in the performance of an official function must be made available to the public in compliance with the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

Sec. 8. (1) The council may employ a village manager.

(2) The village manager shall serve serves at the pleasure of the council.

(3) The council may enter into an employment contract with a village manager for a period extending beyond the terms of the members of council, but not exceeding 6 years. An employment contract with a village manager shall must be in writing and shall must specify the compensation to be paid to the village manager, any procedure for changing compensation, any fringe benefits, and any other conditions of employment. The contract shall must state that the village manager serves at the pleasure of the council. The contract may provide for severance pay or other benefits in the event the employment of the village manager is terminated at the pleasure of the council. Unless otherwise provided by ordinance adopted under subsection (4), the council may assign to the village manager only those powers and duties not required by law to be assigned to or performed by another official of the village.

(4) The council may adopt an ordinance assigning to the village manager an administrative duty imposed by this act on the council; an administrative duty imposed by this act on the village president; the authority to appoint, remove, direct, or supervise any employee or appointed official of the village; or supervisory responsibility over the accounting, budgeting, personnel, purchasing, and related management functions imposed by this act on the village clerk and the village treasurer. The council shall provide in the ordinance that the assignment becomes effective 45 days after the date of adoption and that if a petition signed by not less than 10% of the registered electors of the village is filed with the village clerk within the 45-day period, the ordinance shall does not become effective until after the ordinance is approved at an election held on the question. Notice of the delayed effect of the ordinance and the right of petition under this subsection shall must be published or posted separately at the same time, and in the same manner, as the ordinance is published pursuant to or posted under section 4 of chapter VI. The village clerk shall compare the signatures on the petitions to the signatures of those electors as they appear on the appropriate registration cards. If a petition bearing the required number of valid signatures of electors is filed, the clerk shall perform the acts required for the submission of the question of adoption of adopting the ordinance at the next general or special election. An ordinance adopted before December 2, 1985 that conforms substantially with the requirements of this subsection is valid to the same extent as if the ordinance had been adopted on or after December 2, 1985.

CHAPTER VI—ORDINANCES.

Sec. 3a. A village may codify, recodify, and continue in code the village's ordinances, in whole or in part, without the necessity of publishing or posting the entire code in full. The ordinance adopting the code and ordinances repealing, amending, continuing, or adding to the code shall must be published or posted as required by section 4 of this chapter. The publication shall or posting must state where a copy of the entire code can be reviewed and obtained. The ordinance adopting the code may amend, repeal, revise, or rearrange ordinances or parts of ordinances by references to the title only.

Sec. 4. (1) Within Before January 1, 2022, within 15 days after an ordinance is passed, the clerk shall publish the ordinance or a synopsis of the ordinance in a newspaper circulated in the village. Beginning January 1, 2022, within 15 days after an ordinance is passed, public notice of the ordinance or a synopsis of the ordinance must be posted by the clerk as set forth in the local government public notice act. Immediately after the ordinance or synopsis of the ordinance is published or posted, the clerk shall enter in the record of ordinances, in a blank space to be left for that purpose under the record of the ordinance, a signed certificate, stating the date on which and the name of the newspaper method in which the ordinance was published or posted. The certificate is prima facie evidence of the publication or posting of the ordinance or the synopsis.

(2) A village may adopt a provision of any state statute for which the maximum period of imprisonment is 93 days, the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or a plumbing code, electrical code, mechanical code, fire protection code, building code, or other code promulgated by this state, by a department, board, or other agency of this state, or by an organization or association that is organized or conducted for the purpose of developing a code, by reference to the law or code in an adopting ordinance and without publishing or posting the law or code in full. The law or code shall must be clearly identified in the ordinance and a statement of the purpose of the law or code shall must be published or posted with the adopting ordinance. Printed copies of the law or code shall must be kept in the office of the village clerk available for inspection by or distribution to the public during normal business hours. The village may charge a fee that does not exceed the actual cost for copies of the law or code distributed to the public. The publication in the newspaper shall or posting must contain a notice to the effect that a complete copy of the law or code is available for public use and inspection at the office of the village clerk. Except as otherwise provided in this subsection, a village shall not enforce any provision adopted by reference for which the maximum period of imprisonment is greater than 93 days. A village may adopt section 625(1)(c) of the Michigan vehicle code, 1949 PA 300, MCL 257.625, by reference in an adopting ordinance and shall provide that a violation of that ordinance is a misdemeanor punishable by 1 or more of the following:

(a) Community service for not more than 360 hours.

(b) Imprisonment for not more than 180 days.

CHAPTER VII—POWERS OF COUNCIL.

Sec. 26. (1) Before proceeding to the beginning construction of any sewer, drain, or watercourse, all or part of the expense of which is to be defrayed by special assessment, the council shall cause a map to be made of those lands and premises which that in their opinion will be benefited and which that they intend to assess for the cost. Those lands shall constitute a special assessment district. ; and the The map shall must show the boundaries and divisions of all the lots and premises in the district, the proposed route and location of the improvement through the district, and the depth, grade, and dimensions of the improvement. The map, with an estimate of the cost of the proposed work, shall must be deposited with the clerk. , and Before January 1, 2022, notice shall must be given by publication in a newspaper of the village for 2 weeks or by posting copies of such the notice for 2 weeks, in 3 public places in the village, of the intention to construct the improvement, and where the map and estimates can be found, and appointing a the time when the council will meet to hear any suggestions and objections from persons interested or liable to be assessed for the work. Beginning January 1, 2022, public notice of the intention to construct the improvement, where the map and estimates can be found, and the time when the council will meet to hear any suggestions and objections from persons interested or liable to be assessed for the work must be posted as set forth in the local government public notice act.

(2) The special assessments shall must be made in the manner provided by law.

CHAPTER XIV—MISCELLANEOUS.

Sec. 6. Whenever If the council of any village shall determine determines by resolution to alter the boundaries of such the village, either by taking in lands and premises adjoining thereto adjoined to the village or by taking out any lands and premises included in such the village, or both, they shall petition the county board of supervisors commissioners of the county in which such the lands and premises affected thereby are situated to make such the change. Such The petition shall must contain a description by metes and bounds of the lands and premises proposed to be added to or taken out of such the village, and shall must set forth the reasons for the proposed change, and shall must contain a copy of the resolution of the council in relation thereto, and shall must be signed by the president and clerk of such the village. Before such January 1, 2022, before the petition shall be is presented to the county board of supervisors commissioners, notice shall must be given by the clerk of the time and place when and where the same petition will be presented for consideration , by publishing the same notice in a newspaper published in such the village for at least 3 weeks immediately preceding before the presentation of the same, petition, and if no a newspaper is not published in such the village, then by posting the same notice in at least 3 of the most public places within the village , and in at least 3 of the most public places of the territory directly affected. thereby. Such Beginning January 1, 2022, before the petition is presented to the county board of commissioners, public notice of the time and place when and where the petition will be presented for consideration must be posted by the clerk as set forth in the local government public notice act. The notice shall must also contain a description of the premises proposed to be taken in or out of the boundaries of such the village. At the time of presenting such the petition, all parties interested may appear before such the county board of supervisors commissioners and be heard touching the proposed boundaries of such the village. , and after such After the hearing and due consideration of such the petition, it shall be is the duty of the county board of supervisors commissioners to order and determine as to whether the prayer contained in the petition or any part thereof of the petition shall be granted. , and they The county board of commissioners shall make an order of such the determination, which order shall must be entered upon their records, and thereupon the boundaries of such the village shall must be fixed and shall must exist as provided in such the order, and a certified copy thereof shall of the order must be transmitted to the clerk of such the village and to the secretary of state. , and such The order shall be is prima facie evidence of such the change of boundaries of such the village and of the regularity of such the proceedings in all courts and places.

Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 6440 (request no. 02449'19) of the 100th Legislature is enacted into law.