« AnteriorContinuar »
settlements in the records of the board of education for said township.
Am. 1921, Act 133.
Acts of a municipal corporation may not be defeated by a collateral attack upon the regularity of its organization so as to prevent a bond issue by the defendant school district because the proceedings to organize the school district were invalid.—Connine v. Smith, 190/632.
See People v. Twp. of Munising, 213/629; People ex rel. Riley v Crankshaw, 214/110.
(313) Sec. 1a. Whenever any township school district Disbandment. has been organized as provided in this act, and such organization shall have been in existence for a period of five years or longer, the qualified school electors of such township shall have the right to disband such township organization. The Referendum question of the disbandment of such township school district by petition. shall be submitted to the qualified school electors of said township upon the presentation of a petition therefor signed hy one-fourth of the qualified school electors of such township requesting the submission of such question, said petition to be filed in the office of the township clerk. Upon the filing of Holding of such petition, all of the provisions of section one, insofar as election. they can be made applicable, relative to the submission of the question of organization of a township school district shall apply to the holding of the election, the furnishing, taking, counting and canvassing of ballots, and to all other things necessary for a determination of the question of disbandment. The ballots upon which such question shall be submitted shall Form of be in the following form: Shall the township school district of
township be disbanded and the township re-districted into separate school districts ? Yes (
). Shall the township school district of
township be disbanded and the township re-districted into separate school districts? No ( ).
If a majority of the school electors of such township voting Date of at such election votes in favor of the proposition, such town- disbandment. ship school district shall, after the second Monday in July subsequent to such election, be considered disbanded. It shall thereupon become the duty of the township board to re-district such township, following as closely as possible the territorial limits of the various school districts existing within such township at the time of the organization of the township school district, and such district shall thereupon be governed by the provisions of the general school laws. Immediately Turning over following such re-districting by the township board, it shall of property. be the duty of the board of education of such township school district to turn over to the township board all of the property, records and funds of such district and such township board shall do all things necessary to provide for the distribution of such property, funds and other matter or material possessed by said township school district equally and pro rata amongst the new districts created in said township, and thereby such
township school district, as such, shall cease to exist, and such new districts created shall become possessed of all of the right, powers and duties now conferred by general law upon school districts.
Added 1919, Act 354. Exemption. (314) § 5910. SEC. 2. All cities organized as school dis
tricts and all graded school districts having a population of more than nine hundred shall be exempt from the provisions of this act. Their boundaries shall remain the same and they shall continue to administer the public schools of such city
or graded district in the same manner as heretofore provided Proviso. by statute: Provided, That if any such city or graded school
district shall desire to give up its own organization as a school district and become a part of the township district, and such district and the other district or districts of the township shall respectively so express themselves by ballot by a majority vote of the legal voters of each district at an annual or special meeting of such districts, the superintendent of public instruction shall have authority to declare the organization of such city or graded school district for school purposes dissolved, and he shall make such declaration in writing and serve the same upon the officers of the township district and upon the officers of such city or graded district, and such officers shall immediately turn over to the board of education of such township all the building, property, appurtenances, money, and material heretofore belonging to such city or graded district to the board of education of the township district, and thereafter such city or graded district shall be a
part of the township district and controlled by the township Further board of education as herein provided : Provided further, proviso.
That where fractional school districts have been organized heretofore the organization of the township district for school purposes shall conform to the boundaries of such school districts, and that the said fractional districts shall become a part of the township district in which the schoolhouse of such district is located, and that in the election of school officers
said boundaries shall be recognized by the officers of the Further township: Provided further, That in any case where a proviso.
fractional district has been organized heretofore, such territory may be divided so that the township school district boundary lines shall conform to the township boundary lines, said division being made in their discretion by the township boards of the townships in which the territory may be located, said boards meeting in joint session for such purpose. When such division has been made, the township boards at said joint meeting shall immediately proceed to make an equitable division of the property, and money, if any, belonging to such
district between the townships in which such district was Township located. The township clerk of the township in which the clerk to give schoolhouse of such fractional school district is located shall notice.
give at least ten days' notice to the township clerk of the other townships interested of the time and place of such
meeting, and each township clerk upon receiving such notice shall notify each member of the township board of his township of the time and place of such meeting. The joint meeting of the township boards when assembled shall elect from their number a chairman and a clerk, and a majority of the joint board shall be necessary to determine all questions submitted. The clerk of said joint board shall provide each township clerk with an exact record of the proceedings of said meeting. See People v. Twp. of Munising, 213/629; People ex rel. Riley v. Crankshaw,
(315) 5911. SEC. 3. The officers of said township dis. Board of trict shall consist of five trustees elected at large who shall
education, constitute the board of education of said district and a regular term of office shall be three years. Any person in the Eligibility. district qualified under the general school laws to hold a school office shall be eligible to election or appointment to office in such district. At the first election held under author- When ity of this act, the qualified electors of the township shall pro
elected. ceed to elect by ballot one trustee for the term of one year, two for the term of two years and two for the term of three years, and annually thereafter a successor or successors to the trustee or trustees whose term or terms of office shall expire. The term of office intended for each person shall be designated Ballot, on the ballot and which said ballot shall have printed thereon the names of all candidates and the offices to be voted therefor, together with instructions as to the method of voting: Provided, That to obtain the printing of the name of any can- Proviso, didate for any of said offices, said candidate shall file a nomi- nomination
petitions. nation petition with the clerk of the school board not less than thirty days before election, which petition shall be signed by not less than twenty-five nor more than one hundred qualified electors of the school district and each petition shall recite the residence and occupation of the electors signing the same, together with the date of signature. At the first elec- Election tion held in said township district, the township board shall inspectors. act as a board of election inspectors and shall receive and canvass the votes, prepare ballots and conduct the election in the same manner as provided for in township elections held under the general law. The township clerk shall keep a record Duty of of all proceedings of said first meeting of the district and Clerks file a copy of the same in his office and turn over a copy of said proceedings to the secretary of the board of education when said board is organized. In election of trustees, the person or persons receiving the highest number of votes cast shall be declared elected and he or they shall hold office until his or their successor or successors shall have been duly elected and shall have qualified as provided in this act. In all who qualified school elections every citizen of the United States of the age of twenty-one years, male or female, who has the qualifications prescribed under the provisions of the general school law shall be a qualified voter. Am. 1917, Act 304; 1921, Act 133.
Notice by secretary.
Polls, opening and closing.
(316) § 5912. SEC. 4. The annual meeting of said township district shall occur on the second Monday of July in each year at the usual place of holding the township meeting, and the school year shall commence on that day. It shall be the duty of the secretary of the board to give notice of all annual meetings and of any special meetings of said district by posting a written or printed notice thereof in at least five conspicuous places in said township, and one notice on each school building, at least five days prior to said meeting. The notice of any annual or special meeting shall state the purpose of the meeting, the place, date and hour of holding the same. The notice of the annual meeting shall specify that during the last two hours, or between three and five o'clock, the general business of the district as to voting taxes will take place. In case the president or secretary of the board of education shall be absent, the voters present may appoint a temporary president or secretary. At the first school meeti and at all succeeding annual meetings the polls shall open at ten o'clock a. m. and be kept open seven consecutive hours, and the election shall be conducted in a similar manner to the one in which township officers are elected, and at the hour of closing the chairman of the board of election shall declare the polls closed, and the board shall immediately proceed to canvass and announce the result of the vote.
(317) $ 5913. SEC. 5. If any person offering to vote at a township school district meeting shall be challenged as unqualified by any legal voter in such district or by the presiding officer, the chairman presiding at such meeting shall declare to the person challenged the qualifications of a voter; and if such person shall state that he is qualified and the challenge is not withdrawn, the chairman shall tender to him an oath, in substance as follows: “You do swear (or affirm) that you are a citizen of the United States, that you are an actual resident of this school district, or residing upon territory now attached to this school district, and that you possess the qualifications required for voting under the general school laws of this state,” and every person taking this oath shall be permitted to vote upon all questions proposed at such meetings. If any person so challenged shall refuse to take such oath his vote shall be rejected; and any person who shall wilfully take a false oath or make a false affirmation under the provisions of this section, shall be deemed guilty of perjury. When any question is taken any other way than by ballot, a challenge immediately after the vote has been taken shall be deemed to be made when offering the vote, and treated in the same manner.
Challenge of vote
Oath, form of.
Refusal to take, etc.
Am. 1921, Act 133.
Notice to persons elected.
(318) $ 5914. SEC. 6. Within five days after the first election under this act the township clerk shall notify in writing the persons elected as trustees of their election, and within five days thereafter said trustees so elected shall file
with the township clerk a written acceptance of the office, accompanied by an affidavit properly acknowledged that such person is a qualified voter on all school questions, and such acceptances and affidavits shall be filed by the township clerk in his office. All persons elected as trustees of the township Acceptance, school district after said first election shall such written where filed! acceptances and affidavits with the secretary of the board of education and they shall be made a part of the records of the district.
(319) § 5915. Sec. 7. The members of the board of Meeting education shall meet on the second Monday following the first Offiboard. election under this act, and at such meeting the trustee whose term of office first expires shall be temporary chairman, and at this meeting the trustees shall elect from their number a president, a secretary and a treasurer, who shall severally serve in such capacity during his term of office and until his successor shall have been duly elected and qualified. Immediately upon the organization of the board the secretary shall notify the county school commissioner and the superintendent of public instruction, giving the name and postoffice address of each officer. A majority of the members of the board shall Quorum. constitute a quorum, and the board shall hold a regular meeting on the fourth Monday of each month and one on the Saturday preceding the second Monday in July, and no notice of such meetings shall be required, if the hour and place of such meetings shall have been fixed by a resolution of the board and placed upon the record book of the secretary of said board. The trustees shall be allowed compensation for not to exceed Special four special meetings which may be called by the president meetings,
compensation. and secretary, and the secretary shall give at least twentyfour hours' written notice to each member of the board: Pro- Proviso, vided, That the provisions hereof with reference to number of certain disregular meetings of board and compensation of trustees shall not apply to school districts having a school population of less than three hundred. In such districts there shall be two Meetings. regular meetings, one on the fourth Monday of February and one on the Saturday preceding the second Monday of July. All business which the board of education is authorized to perform shall be done at a meeting of said board, and no act shall be valid unless voted at a meeting of the board by an affirmative vote of a majority thereof and a proper record made of such vote. The minutes of all school meetings and board meetings must be signed by the secretary. Am. 1917, Act 314; 1921, Act 133. (320) § 5916.
§ 5916. SEC. 8. A school district office shall be- Office, when come vacant immediately upon any of the following events:
First, The death of the incumbent;