Slavens Pitches Solution to Fill Vacancies for Removed County Executives

Rep. Dian Slavens (D-Canton) introduced two bills to amend election law Sept. 13 that would establish a plan should a county executive be removed from office by a Michigan governor.

Under current election law established in 1954, Slavens said, there was no clear process for what would happen if the governor removed a county executive from office because the role of county executive did not exist in 1954.

In article 168.207, section 207 of state election law Act 116 of 1954, a governor can remove any county clerk, treasurer, register of deeds, prosecuting attorney, sheriff, drain commissioner and surveyor if that officeholder is found by the governor to be guilty of "official misconduct, or of wilful neglect of duty, or of extortion, or habitual drunkenness, or has been convicted of being drunk."

Slavens' bills introduce "county executive" as one of the applicable titles, and introduces what would happen if an executive is removed in the following language. With the amendments to existing election law, the presiding or senior judge of probate, county clerk and prosecuting attorney of that county shall appoint a sutable person to fill the vacancy. The appointed executive will serve out the remainder of their predecessor's term until the following election.

The bills also address what would happen if the following November general election is more than 182 days from the vacancy occurring:

"However, if the next general November election is to be held more than 182 days after the vacancy occurs, and it is not the general November election at which a successor in office would be elected if there were no vacancy, the person appointed shall hold office only until a successor is elected at the next general November election in the manner provided by state law and qualifies for office. The successor shall hold the office for the remainder of the unexpired term."

Slavens' bills were proposed for Wayne and Macomb counties under bill number 5907, amending Public Act 293 of 1966, and Oakland and Bay counties under bill number 5906, amending Public Act 139 of 1973.