Bill Text: MI HB6044 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Public employees and officers; ethics; contracts between educational institutions and public servants; revise prohibitions. Amends sec. 3 of 1968 PA 317 (MCL 15.323).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-11-29 - Printed Bill Filed 11/29/2012 [HB6044 Detail]

Download: Michigan-2011-HB6044-Introduced.html

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HOUSE BILL No. 6044

 

November 28, 2012, Introduced by Rep. Price and referred to the Committee on Oversight, Reform, and Ethics.

 

     A bill to amend 1968 PA 317, entitled

 

"An act relating to the conduct of public servants in respect to

governmental decisions and contracts with public entities; to

provide penalties for the violation of this act; to repeal certain

acts and parts of acts; and to validate certain contracts,"

 

by amending section 3 (MCL 15.323), as amended by 1997 PA 145.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3. (1) Section Except as provided is subsection (2),

 

section 2 does not apply to either any of the following:

 

     (a) A public servant who is paid for working an average of 25

 

hours per week or less for a public entity.

 

     (b) A public servant who is an employee of a public community

 

college, junior college, or state college or university.

 

     (c) A contract between a public community college, junior

 

college, or state college or university and a public servant who is

 

an employee of the same public community college, junior college,

 

or state college or university for the purchase of goods or

 

services that are available for purchase at the same price by the

 

general public.

 

     (2) A contract as defined in and limited by section 2

 

involving a public entity and a public servant described in

 

subsection (1) shall meet (1)(a) or (b) is exempt from section 2

 

only if it meets all of the following requirements:

 

     (a) The public servant promptly discloses any pecuniary

 

interest in the contract to the official body that has power to

 

approve the contract, which and the official body shall include

 

that disclosure shall be made a matter of in the record in of its

 

official proceedings. Unless the public servant making the

 

disclosure will directly benefit from the contract in an amount

 

less than $250.00 $1,500.00 and less than 5% of the public cost of

 

the contract and the public servant files a sworn affidavit to that

 

effect with the official body or the contract is for emergency

 

repairs or services, he or she shall make the disclosure shall be

 

made in either of the following manners:

 

     (i) The public servant promptly discloses in writing to the

 

presiding officer, or if the presiding officer is the public

 

servant who is a party to the contract, to the clerk, the pecuniary

 

interest in the contract at least 7 days prior to before the

 

meeting at which a vote concerning the contract will be taken. The

 

disclosure shall be made public in the same manner as a public

 

meeting notice.

 

     (ii) The public servant discloses the pecuniary interest at a

 

public meeting of the official body. The vote shall be taken at a

 

meeting of the official body held at least 7 days after the meeting

 

at which the disclosure is made. If the amount of the direct

 

benefit to the public servant is more than $5,000.00, disclosure

 

must be made as provided under this subparagraph.

 

     (b) The contract is approved by a vote of not less than 2/3 of

 

the full membership of the approving body in open session without

 

the vote of the public servant making the disclosure.

 

     (c) The official body discloses the following summary

 

information in its official minutes:

 

     (i) The name of each party involved in the contract.

 

     (ii) The terms of the contract, including duration, financial

 

consideration between parties, facilities or services of the public

 

entity included in the contract, and the nature and degree of

 

assignment of employees of the public entity for fulfillment of the

 

contract.

 

     (iii) The nature of any pecuniary interest.

 

     (3) This section and section 2 do not prevent a public servant

 

from making or participating in making a governmental decision to

 

the extent that the public servant's participation is required by

 

law. If 2/3 of the members are not eligible under this act to vote

 

on a contract or to constitute a quorum, a member may be counted

 

for purposes of a quorum and may vote on the contract if the member

 

will directly benefit from the contract in an amount less than

 

$250.00 $1,500.00 and less than 5% of the public cost of the

 

contract and the member files a sworn affidavit to that effect with

 

the official body. The affidavit shall be made a part of the public

 

record of the official proceedings. As used in this subsection,

 

"governmental decision" means a determination, action, vote, or

 

disposition upon a motion, proposal, recommendation, resolution,

 

ordinance, order, or measure on which a vote by members of a local

 

legislative or governing body of a public entity is required and by

 

which a public body effectuates or formulates public policy.