Section 390.1665 - Promise zone authority; creation; authority as body politic; powers; board; membership; appointment; terms; reimbursement for expenses; election of chairperson; "chief executive off
MICHIGAN PROMISE ZONE AUTHORITY ACT (EXCERPT)
Act 549 of 2008
390.1665 Promise zone authority; creation; authority as body politic; powers; board; membership; appointment; terms; reimbursement for expenses; election of chairperson; "chief executive officer" defined; 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, 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 upon the general powers of an authority.
(3) An authority shall be under the supervision and control of a board consisting of 11 members. Nine members shall be appointed by the chief executive officer of the eligible entity with the advice and consent of the governing body. One member shall be appointed by the senate majority leader. One member shall be appointed by the speaker of the house of representatives. Not more than 3 members shall be government officials. One member shall be a representative of the public school community. 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. A member shall hold office until the member's successor is appointed. After the initial appointment, each member shall serve for a term of 4 years. An appointment to fill a vacancy shall be made by the chief executive officer of the eligible entity for the unexpired term only. Members of the board shall serve without compensation, but may be reimbursed for actual and necessary expenses. The chairperson of the board shall be elected by the board. As used in this subsection, for a local school district or an intermediate school district, "chief executive officer" means the superintendent of the local school district or intermediate school district.
(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