Michigan Compiled Laws § 390.1665 Promise Zone Authority; Creation; Authority As Body Politic; Powers; Board; Membership; Appointment; Terms; Reimbursement For Expenses; Election Of Chairperson; Oath; Proceedings And Rules Subject To Open Meetings Act; Removal Of Board Member; Writings Subject To The Freedom Of Information Act.


390.1665 Promise zone authority; creation; authority as body politic; powers; board; membership; appointment; terms; reimbursement for expenses; election of chairperson; oath; proceedings and rules subject to open meetings act; removal of board member; writings subject to the freedom of information act.

Sec. 5.

(1) If the department of treasury certifies the eligibility of a governing body to establish a promise zone and the governing body, by resolution, establishes a promise zone under the Michigan promise zone act, 2008 PA 550, MCL 390.1641 to 390.1649, 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.


History: 2008, Act 549, Imd. Eff. Jan. 13, 2009 ;-- Am. 2013, Act 210, Imd. Eff. Dec. 23, 2013


Section: Previous  390.1661  390.1663  390.1665  390.1667  390.1669  390.1671  390.1673  390.1675  390.1677  390.1679    Next

Last modified: October 10, 2016