Michigan Laws 397.215 – Contract for use of library services by county; joint governing board; membership; provisions of contract; powers and duties of joint governing board
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Terms Used In Michigan Laws 397.215
- Contract: A legal written agreement that becomes binding when signed.
- 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.
- 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
(1) In a county that does not have a county library established under 1917 PA 138, MCL 397.301 to 397.305, or counties in which the population exceeds 1,000,000, a contract for use of library services under section 13 may provide for joint representation on the library governing board. A joint governing board shall not have more than 9 members.
(2) A contract for use of library services that provides for joint representation may provide that a member serving on a governing board on the day before the establishment of a joint governing board shall become a member of the joint governing board and shall serve out the balance of his or her unexpired term.
(3) A contract for the use of library services shall specify all of the following:
(a) Whether members added to an existing governing board to create a joint governing board are elected or appointed.
(b) The method of election or appointment of members added to an existing governing board to create a joint governing board.
(c) Lengths of terms of office of members added to an existing governing board to create a joint governing board. The terms of the added members shall be staggered. If a contract establishing a joint governing board is terminated, the terms of all added members end on the date of termination.
(d) The method of removal of, and the causes upon which removal may be based for, a member added to an existing governing board to create a joint governing board.
(e) The method of filling a vacancy in the office of a member added to an existing governing board to create a joint governing board. A vacancy shall be filled for the balance of the unexpired term.
(f) Any other provision that is considered necessary or advisable.
(4) Selection, length of terms, manner of filling vacancies, and removal of the members of the existing governing board who become members on the joint governing board are governed by state law or by the township, city, or village charter.
(5) If a contract for use of library services that provides for joint representation does not provide that members on the existing governing board become members on the joint governing board, the offices of the members of the existing governing board shall be vacated on the date the joint governing board assumes jurisdiction and the contract shall include the provisions required by subsection (3), which shall apply to the entire joint governing board.
(6) A joint governing board established under this section has the same powers and duties as a governing board of a library under section 5 to 7.