Bill Text: MI SB0011 | 2009-2010 | 95th Legislature | Introduced

---

Bill Title: Public employees and officers; ethics; travel restrictions; provide for under certain circumstances. Amends secs. 1 & 2 of 1973 PA 196 (MCL 15.341 & 15.342).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-01-14 - Referred To Committee On Campaign And Election Oversight [SB0011 Detail]

Download: Michigan-2009-SB0011-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 11

 

 

January 14, 2009, Introduced by Senator GLEASON and referred to the Committee on Campaign and Election Oversight.

 

 

 

     A bill to amend 1973 PA 196, entitled

 

"An act to prescribe standards of conduct for public officers and

employees; to create a state board of ethics and prescribe its

powers and duties; and to prescribe remedies and penalties,"

 

by amending sections 1 and 2 (MCL 15.341 and 15.342), section 1 as

 

amended by 1980 PA 481 and section 2 as amended by 1984 PA 53.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. As used in this act:

 

     (a) "Board" means the board of ethics.

 

     (b) "Employee" means an employee, classified or unclassified,

 

of the executive branch of this state. For the purpose of section

 

2b, employee shall include includes an employee of this state or a

 

political subdivision of this state.

 

     (c) "Public officer" means a person appointed by the governor

 

or another executive department official. For the purpose of

 

section sections 2(8) and 2b, public officer shall include includes

 

an elected or appointed official of this state or a political

 

subdivision of this state.

 

     (d) "Unethical conduct" means a violation of the standards in

 

section 2.

 

     Sec. 2. (1) A public officer or employee shall not divulge to

 

an unauthorized person , confidential information acquired in the

 

course of employment in advance of the time prescribed for its

 

authorized release to the public.

 

     (2) A public officer or employee shall not represent his or

 

her personal opinion as that of an agency.

 

     (3) A public officer or employee shall use personnel

 

resources, property, and funds under the officer or employee's

 

official care and control judiciously and solely in accordance with

 

prescribed constitutional, statutory, and regulatory procedures and

 

not for personal gain or benefit.

 

     (4) A public officer or employee shall not solicit or accept a

 

gift or loan of money, goods, services, or other thing of value for

 

the benefit of a person or organization, other than the state,

 

which that tends to influence the manner in which the public

 

officer or employee or another public officer or employee performs

 

official duties.

 

     (5) A public officer or employee shall not engage in a

 

business transaction in which the public officer or employee may

 

profit from his or her official position or authority or benefit

 

financially from confidential information which that the public

 

officer or employee has obtained or may obtain by reason of that

 

position or authority. Instruction which that is not done during

 

regularly scheduled working hours except for annual leave or

 

vacation time shall not be considered a business transaction

 

pursuant to under this subsection if the instructor does not have

 

any direct dealing with or influence on the employing or

 

contracting facility associated with his or her course of

 

employment with this state.

 

     (6) Except as provided in section 2a, a public officer or

 

employee shall not engage in or accept employment or render

 

services for a private or public interest when if that employment

 

or service is incompatible or in conflict with the discharge of the

 

officer or employee's official duties or when if that employment

 

may tend to impair his or her independence of judgment or action in

 

the performance of official duties.

 

     (7) Except as provided in section 2a, a public officer or

 

employee shall not participate in the negotiation or execution of

 

contracts, making of loans, granting of subsidies, fixing of rates,

 

issuance of permits or certificates, or other regulation or

 

supervision relating to a business entity in which the public

 

officer or employee has a financial or personal interest.

 

     (8) A public officer serving in an elected office of a unit of

 

local government, including, but not limited to, a school district,

 

shall not use public funds of that unit of local government for his

 

or her travel to, or expenses at, a conference or seminar during

 

the remainder of the term of office under any of the following

 

conditions:

 

     (a) After the public officer is defeated in a primary election

 

for the next term of the office.

 

     (b) After election returns have been certified indicating that

 

another individual has been elected to the office.

 

     (c) For a public officer who is term-limited or has not filed

 

as a candidate for reelection to the office, after the filing

 

deadline for the election for the next term of office.