Bill Text: MI HB5300 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Public employees and officers; ethics; financial management teams and the local government retirement stability board; exempt from the incompatible public offices act. Amends sec. 3 of 1978 PA 566 (MCL 15.183). TIE BAR WITH: HB 5299'17
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2017-12-12 - Referred To Committee On Government Operations [HB5300 Detail]
Download: Michigan-2017-HB5300-Engrossed.html
HB-5300, As Passed House, December 7, 2017
SUBSTITUTE FOR
HOUSE BILL NO. 5300
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 the municipal
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 House Bill No. 5298 of the 99th Legislature is enacted into
law.
