April 19, 2017, Introduced by Rep. Marino and referred to the Committee on Elections and Ethics.
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 5 (MCL 15.345).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) The board shall:
(a) Receive complaints concerning alleged unethical conduct by
a public officer or employee from any person or entity, inquire
into the circumstances surrounding the alleged unethical conduct,
and make recommendations concerning individual cases to the
appointing authority with supervisory responsibility for the person
whose activities have been investigated. All departments of state
government
shall cooperate with the board of ethics in the conduct
of
conducting its investigations.
(b) Initiate investigations of practices that could affect
ethical conduct of a public officer or employee.
(c) Hold public hearings.
(d) Administer oaths and receive sworn testimony.
(e) Issue and publish advisory opinions upon request from a
public officer or employee or their appointing or supervisory
authority relating to matters affecting ethical conduct of a public
officer or employee.
(f) Subject to subsection (6), make available to the public
annually a report of the board's actions, investigations,
decisions, and opinions, including dissents, covering the preceding
12-month period.
(2)
In the issuance of issuing
investigative reports and
recommendations and advisory opinions, the board shall be advised
as to legal matters by the attorney general.
(3) When the board makes a recommendation to an appointing
authority
is made by the board which that
affects a classified
employee, the appointing authority shall initiate appropriate
proceedings
in accordance with such pursuant
to the recommendation
and
pursuant to the rules of the civil service commission.
(4) When the board makes a recommendation to an appointing
authority
is made by the board concerning that
affects an
unclassified employee or appointee, the appointing authority shall
take appropriate disciplinary action, which may include dismissal.
(5) The board may make recommendations to a public body or
political subdivision of this state regarding legislation, rules,
or ordinances, current or proposed, that are related to the ethical
conduct of public officers and employees.
(6) The board shall not include in its annual report required
under subsection (1)(f) either of the following:
(a) Information that is confidential.
(b) Information related to an ongoing criminal investigation.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 99th Legislature are
enacted into law:
(a) Senate Bill No. ____ or House Bill No. (request no.
02126'17).
(b) Senate Bill No. ____ or House Bill No. 4489 (request no.
02454'17).