Michigan Laws 390.1665 – Promise zone authority; creation; authority as public body corporate; powers; board; oath; proceedings and rules subject to open meetings act; removal of board member; writings subject to the freedom
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Terms Used In Michigan Laws 390.1665
- 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.
- Authority: means a promise zone authority created under this act. See Michigan Laws 390.1663
- Board: means the governing body of an authority. See Michigan Laws 390.1663
- Eligible entity: means a city, township, county, local school district, or intermediate school district, in which the percentage of families with children under age 18 that are living at or below the federal poverty level is greater than or equal to the state average of families with children under age 18 living at or below the federal poverty level, as determined by the department of treasury. See Michigan Laws 390.1663
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
- Governing body: means the elected body of an eligible entity that has legislative powers. See Michigan Laws 390.1663
- Majority leader: see Floor Leaders
- Promise zone: means that area created by a governing body under this act. See Michigan Laws 390.1663
- Public school: means that term as defined in section 5 of the revised school code, 1976 PA 451, MCL 380. See Michigan Laws 390.1663
- School district: means that term as defined in the revised school code, 1976 PA 451, MCL 380. See Michigan Laws 390.1663
- 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) If a governing body, by resolution, establishes a promise zone under section 4(5), the governing body shall, by resolution, create a promise zone authority.
(2) An authority is a public body corporate that may sue and be sued in any court of this state. An authority possesses all the powers necessary to carry out its purpose. The enumeration of a power in this act shall not be construed as a limitation on the general powers of an authority.
(3) An authority shall be under the supervision and control of a board. All of the following apply to the board of an authority:
(a) The board shall consist of 11 members, as follows:
(i) Nine locally appointed members. The chief executive officer of the eligible entity, with the advice and consent of the governing body, shall appoint the 9 initial locally appointed members of the board described in this subparagraph. If a vacancy occurs in an office of a locally appointed member appointed under this subparagraph, the board shall appoint a new member to fill that vacancy. As used in this subparagraph, for a local school district or an intermediate school district, “chief executive officer” means the superintendent of that local school district or intermediate school district.
(ii) One member appointed by the senate majority leader.
(iii) One member appointed by the speaker of the house of representatives.
(b) Not more than 3 members of the board shall be government officials.
(c) One member of the board shall be a representative of the public school community.
(d) The term of office of a member of the board is 4 years. However, of the members first appointed, an equal number of the members, as near as is practicable, shall be appointed for 1 year, 2 years, 3 years, and 4 years.
(e) A member of the board shall hold office until the member’s successor is appointed.
(f) Members of the board shall serve without compensation, but may be reimbursed for actual and necessary expenses.
(g) The chairperson of the board shall be elected by the board.
(4) Before assuming the duties of office, a member shall qualify by taking and subscribing to the constitutional oath of office.
(5) The proceedings and rules of the board are subject to the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. The board shall adopt rules governing its procedure and the holding of regular meetings, subject to the approval of the governing body. Special meetings may be held if called in the manner provided in the rules of the board.
(6) After having been given notice and an opportunity to be heard, a member of the board may be removed for cause by the governing body.
(7) A writing prepared, owned, used, in the possession of, or retained by the board in the performance of an official function is subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.