August 16, 2006, Introduced by Reps. Sheltrown, Stahl, Espinoza, Farrah, Bieda, Accavitti, Vagnozzi, Plakas, Lemmons, Jr. and Lemmons, III and referred to the Committee on Government Operations.
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 section 2 (MCL 15.342), as amended by 1984 PA 53.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 that employment or
service is incompatible or in conflict with the discharge of the
officer or employee's official duties or when 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 or employee shall not directly supervise
the employment of or participate in a hiring or employment status
decision concerning an individual who is a close family member of
the public officer or employee. The civil service commission may
establish rules to prevent a violation of this subsection as to
members of the state classified civil service. For purposes of this
subsection, "close family member" means any of the following:
(a) A spouse, child, parent, sibling, grandchild, or
grandparent.
(b) A spouse of a child or parent of the public officer or
employee or of the public officer's or employee's spouse.