Michigan Laws 28.603 – Michigan commission on law enforcement standards; creation; membership; terms; appointment; vacancy
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Terms Used In Michigan Laws 28.603
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Commission: means the Michigan commission on law enforcement standards created in this act or, by express delegation of the Michigan commission on law enforcement standards, its executive director and staff. See Michigan Laws 28.602
- Law enforcement agency: means an entity that is established and maintained in accordance with the laws of this state and is authorized by the laws of this state to appoint or employ law enforcement officers. See Michigan Laws 28.602
- 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) The Michigan commission on law enforcement standards is created to carry out the intent of this act.
(2) The commission consists of the following members:
(a) The attorney general, or his or her designated representative from within the department of attorney general.
(b) The director of the department of state police, or his or her designated representative who is a police officer within the department of state police.
(c) The chief of a police department of a city that has a population of more than 600,000, or his or her designee who is a command officer within that department.
(d) The following members appointed by the governor, subject to the advice and consent of the senate under section 6 of article V of the state constitution of 1963, as follows:
(i) Three individuals nominated by the Michigan Association of Chiefs of Police.
(ii) Three individuals nominated by the Michigan Sheriffs’ Association.
(iii) One individual nominated by the Prosecuting Attorneys Association of Michigan.
(iv) One individual nominated by the Criminal Defense Attorneys of Michigan.
(v) One individual nominated by the Michigan State Police Troopers Association.
(vi) One individual nominated by the Michigan chapter of the Fraternal Order of Police.
(vii) One individual nominated by the Police Officers Association of Michigan.
(viii) One individual nominated by a police association not otherwise represented on the commission representing law enforcement officers employed by a law enforcement agency employing more than 10% of the police officers in this state.
(ix) One individual nominated by the Police Officers Labor Council of Michigan.
(x) One individual nominated by the Michigan Association of Police.
(xi) One individual nominated by the Deputy Sheriff’s Association of Michigan.
(xii) One non-law enforcement individual representing the public.
(3) The terms of the members of the commission who were previously appointed by the governor and serving on the commission on the effective date of the amendatory act that added this subsection expire on the effective date of the amendatory act that added this subsection.
(4) Not more than 90 days after the effective date of the amendatory act that added this subsection, the governor shall appoint members to the commission as provided in subsection (2)(d).
(5) The governor may appoint any individual meeting the membership requirements of the organizations listed in subsection (2)(d)(i) to (xii) if the organization permitted to nominate an individual to the commission fails to provide a nominee not less than 30 days before a vacancy created by the expiration of a term, or not less than 30 days after the effective date of any other vacancy.
(6) An individual selected under subsection (2)(d) shall serve as a commission member only while serving as a member of the organization that submitted his or her name to the governor for appointment.
(7) Members of the commission appointed or reappointed under subsection (2)(d)(i) to (xii) shall be appointed for a term of 4 years except that, of the members first appointed to the commission, 6 shall serve for 1 year, 5 shall serve for 2 years, and 5 shall serve for 3 years.
(8) The expiration dates of appointments under subsection (2)(d) shall be December 31 of the calendar year in which they expire.
(9) A vacancy on the commission occurring other than by expiration of a term shall be filled by the governor in the same manner as the original appointment for the balance of the unexpired term.