OPTIONAL UNIFIED FORM OF COUNTY GOVERNMENT
Act 139 of 1973
45.564 Departments; consolidation; transfer of functions; creation of additional departments; county manager or county executive as director.
Sec. 14.
Except as to a department headed by elected county officials or the board of county road commissioners, the board of county commissioners may:
(a) Upon a majority vote and the affirmative recommendation of the county manager or elected county executive, and following a public hearing, the board may consolidate departments completely or in part, or may transfer a function from 1 department to another; or the board may, upon the affirmative vote of 2/3 of its members and following a public hearing, consolidate departments completely or in part, or may transfer a function from 1 department to another.
(b) Create additional departments.
(c) Require the county manager or elected county executive to serve as director of a department.
History: 1973, Act 139, Eff. Mar. 29, 1974 ;-- Am. 1980, Act 100, Imd. Eff. Apr. 19, 1980
Notes of Decisions
Cited in
2
cases, 1989–2006 · leading case:
Shimkus v. Hickner, 417 F. Supp. 2d 884 (E.D. Mich. 2006).
Shimkus v. Hickner, 417 F. Supp. 2d 884 (E.D. Mich. 2006).
· cites it 4× “See Mich. Comp. Laws § 45.564 . However, there is no record of Bay County having taken such action after it dissolved the housing department through resolution number 80174 passed on June 10, 1980.”
Bay Cnty. Exec. v. Bay Cnty. Bd. of Commissioners, 443 N.W.2d 168 (Mich. Ct. App. 1989).
· cites it 6× “751, to eliminate the Department of Corporation Counsel without the necessity of complying with the procedures set forth in MCL 45.564; MSA 5.302(64). In essence, the circuit court found that the ability of the board to employ an attorney to represent the county in civil matters…”
— Mich. Comp. Laws § 45.564(b) — 1 case
Bay Cnty. Exec. v. Bay Cnty. Bd. of Commissioners, 443 N.W.2d 168 (Mich. Ct. App. 1989).
“751, to eliminate the Department of Corporation Counsel without the necessity of complying with the procedures set forth in MCL 45.564; MSA 5.302(64). In essence, the circuit court found that the ability of the board to employ an attorney to represent the county in civil matters…”
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