Michigan Laws 141.1547 – Local government options; approval of resolution by mayor or school board; failure of local governing body to pass resolution; limitation
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Terms Used In Michigan Laws 141.1547
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Emergency manager: means an emergency manager appointed under section 9. See Michigan Laws 141.1542
- Local government: means a municipal government or a school district. See Michigan Laws 141.1542
- Neutral evaluation process: means a form of alternative dispute resolution or mediation between a local government and interested parties as provided for in section 25. See Michigan Laws 141.1542
- School board: means the governing body of a school district. See Michigan Laws 141.1542
- School district: means a school district as that term is defined in section 6 of the revised school code, 1976 PA 451, MCL 380. See Michigan Laws 141.1542
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- Strong mayor: means a mayor who has been granted veto power for any purpose under the charter of that local government. See Michigan Laws 141.1542
- Strong mayor approval: means approval of a resolution under 1 of the following conditions:
(i) The strong mayor approves the resolution. See Michigan Laws 141.1542
(1) Notwithstanding section 6(3), upon the confirmation of a finding of a financial emergency under section 6, the governing body of the local government shall, by resolution within 7 days after the confirmation of a finding of a financial emergency, select 1 of the following local government options to address the financial emergency:
(a) The consent agreement option pursuant to section 8.
(b) The emergency manager option pursuant to section 9.
(c) The neutral evaluation process option pursuant to section 25.
(d) The chapter 9 bankruptcy option pursuant to section 26.
(2) Subject to subsection (3), if the local government has a strong mayor, the resolution under subsection (1) requires strong mayor approval. If the local government is a school district, the resolution shall be approved by the school board. The resolution shall be filed with the state treasurer, with a copy to the superintendent of public instruction if the local government is a school district.
(3) If the governing body of the local government does not pass a resolution as required under subsection (1), the local government shall proceed under the neutral evaluation process pursuant to section 25.
(4) Subject to section 9(6)(c) and (11), unless authorized by the governor, a local government shall not utilize 1 of the local options listed in subsection (1)(a) to (d) more than 1 time.