HOUSE BILL No. 5300

 

 

November 30, 2017, Introduced by Reps. Lower, Albert, Leutheuser and Crawford and referred to the Committee on Michigan Competitiveness.

 

     A bill to amend 1978 PA 566, entitled

 

"An act to encourage the faithful performance of official duties by

certain public officers and public employees; to prescribe

standards of conduct for certain public officers and public

employees; to prohibit the holding of incompatible public offices;

and to provide certain judicial remedies,"

 

by amending section 3 (MCL 15.183), as amended by 2016 PA 196.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3. (1) Section 2 does not prohibit a public officer's or

 

public employee's appointment or election to, or membership on, a

 

governing board of an institution of higher education. However, a

 

public officer or public employee shall not be a member of

 

governing boards of more than 1 institution of higher education

 

simultaneously, and a public officer or public employee shall not

 

be an employee and member of a governing board of an institution of

 

higher education simultaneously.

 

     (2) Section 2 does not prohibit a member of a school board of


1 school district from being a superintendent of another school

 

district.

 

     (3) Section 2 does not prohibit a public officer or public

 

employee of a city, village, township, school district, community

 

college district, or county from being appointed to and serving as

 

a member of the board of a tax increment finance authority under

 

the tax increment finance authority act, 1980 PA 450, MCL 125.1801

 

to 125.1830; a downtown development authority under 1975 PA 197,

 

MCL 125.1651 to 125.1681; a local development finance authority

 

under the local development financing act, 1986 PA 281, MCL

 

125.2151 to 125.2174; a brownfield redevelopment authority under

 

the brownfield redevelopment financing act, 1996 PA 381, MCL

 

125.2651 to 125.2672; 125.2670; a housing commission created under

 

1933 (Ex Sess) PA 18, MCL 125.651 to 125.709c; a neighborhood

 

improvement authority under the neighborhood improvement authority

 

act, 2007 PA 61, MCL 125.2911 to 125.2932; a water resource

 

improvement tax increment finance authority under the water

 

resource improvement tax increment finance authority act, 2008 PA

 

94, MCL 125.1771 to 125.1793; a historical neighborhood tax

 

increment finance authority under the historical neighborhood tax

 

increment finance authority act, 2004 PA 530, MCL 125.2841 to

 

125.2866; a member of a board of a principal shopping district or a

 

member of a board of directors of a business improvement zone under

 

1961 PA 120, MCL 125.981 to 125.990n; an officer of a metropolitan

 

district under the metropolitan district act, 1929 PA 312, MCL

 

119.1 to 119.18; a member of a board of directors of a land bank

 

fast track authority under the land bank fast track act, 2003 PA


258, MCL 124.751 to 124.774; or a corridor improvement authority

 

under the corridor improvement authority act, 2005 PA 280, MCL

 

125.2871 to 125.2899.

 

     (4) Section 2 does not do any of the following:

 

     (a) Prohibit public officers or public employees of a city,

 

village, township, or county having a population of less than

 

40,000 from serving, with or without compensation, as emergency

 

medical services personnel as that term is defined in section 20904

 

of the public health code, 1978 PA 368, MCL 333.20904.

 

     (b) Prohibit public officers or public employees of a city,

 

village, township, or county having a population of less than

 

40,000 from serving, with or without compensation, as a

 

firefighter, police chief, fire chief, police officer, or public

 

safety officer in that city, village, township, or county if that

 

firefighter, police chief, fire chief, police officer, or public

 

safety officer is not a person who negotiates a collective

 

bargaining agreement with the city, village, township, or county on

 

behalf of the firefighters, police chiefs, fire chiefs, police

 

officers, or public safety officers.

 

     (c) Limit the authority of the governing body of a city,

 

village, township, or county having a population of less than

 

40,000 to authorize a public officer or public employee to perform,

 

with or without compensation, other additional services for the

 

unit of local government.

 

     (5) This section does not relieve a person from otherwise

 

meeting statutory or constitutional qualifications for eligibility

 

to, or the continued holding of, a public office.


     (6) This section does not allow or sanction activity

 

constituting conflict of interest prohibited by the constitution or

 

laws of this state.

 

     (7) This section does not allow or sanction specific actions

 

taken in the course of performance of duties as a public official

 

or as a member of a governing body of an institution of higher

 

education that would result in a breach of duty as a public officer

 

or board member.

 

     (8) Section 2 does not prohibit a public officer or public

 

employee of a community mental health services program as that term

 

is defined in section 100a of the mental health code, 1974 PA 258,

 

MCL 330.1100a, from serving as a public officer or public employee

 

of a separate legal or administrative entity created by 2 or more

 

community mental health services programs under the urban

 

cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to

 

124.512, a joint board or commission created under 1967 (Ex Sess)

 

PA 8, MCL 124.531 to 124.536, or a regional entity created under

 

section 204b of the mental health code, 1974 PA 258, MCL 330.1204b,

 

whether or not the separate legal or administrative entity, joint

 

board or commission, or regional entity may enter into contracts or

 

agreements with 1 or more of the community mental health services

 

programs.

 

     (9) Section 2 does not prohibit a member of a school board

 

from being appointed to or serving as a volunteer coach or

 

supervisor of a student extracurricular activity if all of the

 

following conditions are present:

 

     (a) The school board member receives no compensation for


service as a volunteer coach or supervisor.

 

     (b) During the period he or she serves as a volunteer, the

 

school board member abstains from voting on issues before the

 

school board concerning that program.

 

     (c) There is no qualified applicant available to fill a vacant

 

position if the school board member is excluded.

 

     (d) The appointing authority has received the results of a

 

criminal history check and a criminal records check from the

 

department of state police or the Federal Bureau of Investigation

 

for the school board member.

 

     (10) Section 2 does not prohibit a superintendent of an

 

intermediate school district from serving simultaneously as

 

superintendent of a local school district, or prohibit an

 

intermediate school district from contracting with another person

 

to serve as superintendent of a local school district, even if the

 

local school district is a constituent district of the intermediate

 

school district. As used in this subsection, "constituent district"

 

means that term as defined in section 3 of the revised school code,

 

1976 PA 451, MCL 380.3.

 

     (11) Section 2 does not prohibit a public officer or public

 

employee of an authority created under the public transportation

 

authority act, 1986 PA 196, MCL 124.451 to 124.479, from serving as

 

a public officer or public employee of another public

 

transportation authority if each public transportation authority

 

has members consisting of identical political subdivisions.

 

     (12) Section 2 does not prohibit a township supervisor from

 

being appointed as a member of a county board of public works as


provided in section 2(2)(c) of 1957 PA 185, MCL 123.732.

 

     (13) Section 2 does not prohibit the mayor, the chief

 

executive officer, or a member of the governing body of a qualified

 

city, or the superintendent or chairperson of a qualified school

 

district, from serving as a member of a financial review commission

 

for that qualified city or qualified school district, or both, as

 

established under the Michigan financial review commission act,

 

2014 PA 181, MCL 141.1631 to 141.1643. As used in this subsection,

 

"qualified city" and "qualified school district" mean those terms

 

as defined in section 3 of the Michigan financial review commission

 

act, 2014 PA 181, MCL 141.1633.

 

     (14) Section 2 does not prohibit an emergency manager

 

appointed under the local financial stability and choice act, 2012

 

PA 436, MCL 141.1541 to 141.1575, from serving as a transition

 

manager under section 12b or part 5b of the revised school code,

 

1976 PA 451, MCL 380.12b and 380.381 to 380.396.

 

     (15) Section 2 does not apply to a member of a financial

 

management team created under section 9a of the local financial

 

stability and choice act, 2012 PA 436, MCL 141.1549a.

 

     (16) Section 2 does not apply to a member of the local

 

government retirement stability board created under section 7 of

 

the protecting local government retirement and benefits act.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 5299 (request no.

 

04484'17 *) of the 99th Legislature is enacted into law.