Sec. 10.
(1) An emergency manager shall issue to the appropriate local elected and appointed officials and employees, agents, and contractors of the local government the orders the emergency manager considers necessary to accomplish the purposes of this act, including, but not limited to, orders for the timely and satisfactory implementation of a financial and operating plan, including an educational plan for a school district, or to take actions, or refrain from taking actions, to enable the orderly accomplishment of the financial and operating plan. An order issued under this section is binding on the local elected and appointed officials and employees, agents, and contractors of the local government to whom it is issued. Local elected and appointed officials and employees, agents, and contractors of the local government shall take and direct those actions that are necessary and advisable to maintain compliance with the financial and operating plan.
(2) If an order of the emergency manager under subsection (1) is not carried out and the failure to carry out an order is disrupting the emergency manager's ability to manage the local government, the emergency manager, in addition to other remedies provided in this act, may prohibit the local elected or appointed official or employee, agent, or contractor of the local government from access to the local government's office facilities, electronic mail, and internal information systems.
History: 2012, Act 436, Eff. Mar. 28, 2013 Compiler's Notes: Enacting section 2 of Act 436 of 2012 provides:"Enacting section 2. It is the intent of the legislature that this act function and be interpreted as a successor statute to former 1988 PA 101, former 1990 PA 72, and former 2011 PA 4, and that whenever possible a reference to former 1988 PA 101, former 1990 PA 72, or former 2011 PA 4, under other laws of this state or to a function or responsibility of an emergency financial manager or emergency manager under former 1988 PA 101, former 1990 PA 72, or former 2011 PA 4, under other laws of this state shall function and be interpreted to reference to this act, with the other laws of this state referencing former 1988 PA 101, former 1990 PA 72, or former 2011 PA 4, including, but not limited to, all of the following: (a) The charter township act, 1947 PA 359, MCL 42.1 to 42.34. (b) 1966 PA 293, MCL 45.501 to 45.521. (c) 1851 PA 156, MCL 46.1 to 46.32. (d) The general law village act, 1895 PA 3, MCL 61.1 to 74.25. (e) The home rule village act, 1909 PA 278, MCL 78.1 to 78.28. (f) The fourth class city act, 1895 PA 215, MCL 81.1 to 113.20. (g) The home rule city act, 1909 PA 279, MCL 117.1 to 117.38. (h) The metropolitan transportation authorities act of 1967, 1967 PA 204, MCL 124.401 to 124.426. (i) 1947 PA 336, MCL 423.201 to 423.217."
Structure Michigan Compiled Laws
Chapter 141 - Municipal Financing
Act 436 of 2012 - Local Financial Stability and Choice Act (141.1541 - 141.1575)
Section 141.1541 - Short Title.
Section 141.1542 - Definitions.
Section 141.1543 - Findings; Declarations.
Section 141.1554 - School District in Receivership; Additional Actions.
Section 141.1556 - Criminal Conduct Contributing to Receivership Status.
Section 141.1558 - Recommendation to Proceed Under Chapter 9.
Section 141.1561 - Adoption and Implementation of 2-Year Budget.
Section 141.1562 - Determination That Financial Emergency Rectified; Actions by Governor.
Section 141.1563 - Receivership Transition Advisory Board.
Section 141.1565 - Neutral Evaluation Process.
Section 141.1566 - Chapter 9 Proceeding.
Section 141.1568 - Imposition of Taxes; Prohibition.
Section 141.1569 - Issuance of Bulletins; Rules.
Section 141.1570 - Actions Under Former Law.
Section 141.1571 - Emergency Manager Serving Prior to Effective Date of Act.
Section 141.1572 - Liability or Cause of Action.
Section 141.1573 - Severability.