HOUSE BILL No. 5255

 

January 19, 2012, Introduced by Reps. Lindberg, Constan, Irwin, Cavanagh and Tlaib and referred to the Committee on Redistricting and Elections.

 

     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 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(4) 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 tends to influence the manner in which the public officer or

 

employee or another public officer or employee performs official

 

duties. A state elected public officer, a public employee on the

 

staff of a state elected public officer, or an employee of this

 

state who is a partisan political appointee shall not accept any

 

gift of monetary value, including food or beverages, from a

 

lobbyist or lobbyist agent as defined in section 5 of 1978 PA 472,

 

MCL 4.415.

 

     (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 is not considered a business transaction

 

pursuant to 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.