Michigan Laws 38.1141 – Removal of member of board or body
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Terms Used In Michigan Laws 38.1141
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Ex officio: Literally, by virtue of one's office.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(1) Subject to this section, the governing board vested with the general administration, management, and operation of a system or other decision-making body that is responsible for implementation and supervision of a system may remove a member of the board or body as provided in subsection (2) by any of the following:
(a) A unanimous vote of all of the members of the board or body, other than the member who is the subject of the vote for removal.
(b) An order of a circuit court with jurisdiction entered in an appropriate action authorized by a majority vote of the members of the board or body.
(c) The process for the removal of a member of the board or body that is contained in the system’s plan provisions if that process is less restrictive than either process provided for in subdivision (a) or (b).
(2) The governing board vested with the general administration, management, and operation of a system or other decision-making body that is responsible for implementation and supervision of a system shall give notice and hold a hearing on the removal of a member of that board or body for any of the following reasons:
(a) For an elected member of the board or body, upon receipt of a petition requesting the removal of the member, which petition is signed by 2/3 of the individuals eligible to vote in the election of the member of the board or body.
(b) The member is legally incapacitated from executing his or her duties as a member of the board or body and neglects to perform those duties.
(c) The member has committed a material breach of the system provisions or system policies or procedures and the removal of the member is in the interests of the system or the interest of its participants or participants’ beneficiaries.
(d) The member is convicted of a violation of law and the removal of the member is in the interests of the system or the interest of its participants or participants’ beneficiaries.
(3) Upon the removal of a member of a board or body under this section before expiration of the member’s term, a new successor member shall fill the vacancy as follows:
(a) For an elected member of the board or body, by election in the same manner as the removed member for the remainder of that term of office.
(b) For an appointed member of the board or body, by appointment by the appointing authority of the removed member for the remainder of that term of office.
(c) For an ex officio member serving by virtue of his or her office, by appointment by the governing body of the political subdivision sponsoring the system until the time that a new individual is elected or appointed to the office from which the removed member served as a member.
(4) An individual who is removed from office as a member of a board or body under this section may appeal the removal to the circuit court with jurisdiction if the removal is by the board or body or, if the removal is by the circuit court, to the appropriate court with jurisdiction. A successor member of a board or body may be elected or appointed during the pendency of an appeal of a removed member under this subsection until the appeal is withdrawn or there is a final judgment in the matter.
(5) If, upon an appeal under subsection (4), the court finds that the petition for removal of the member was filed in bad faith and that removal is contrary to the interests of the system or the interest of its participants or participants’ beneficiaries, the court may order that the individuals seeking the removal of the member pay all or a portion of the costs of the proceedings, including reasonable attorney fees.