Bill Text: MI SB1206 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Public employees and officers: other; individuals holding multiple local elected offices; prohibit under certain circumstances. Amends title and secs. 1 & 2 of 1978 PA 566 (MCL 15.181 & 15.182).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-11-05 - Referred To Committee On Local Government [SB1206 Detail]
Download: Michigan-2019-SB1206-Introduced.html
SENATE BILL NO. 1206
November 05, 2020, Introduced by Senator
VICTORY and referred to the Committee on Local Government.
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 the title and sections 1 and 2 (MCL 15.181 and 15.182).
the people of the state of michigan enact:
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 or multiple elected public offices; and to provide certain judicial remedies.
(a) "Governing board" means a board of regents,
board of trustees, board of governors, board of control, or other governing
body of an institution of higher education.
(b) "Incompatible
offices" means public offices held by a public official which, when the
official is performing the duties of any of the public offices held by the
official, results in any of the following with respect to those offices held:
(i) The subordination of 1 public office to another.
(ii) The supervision of 1 public office by another.
(iii) A breach of duty of public office.
(c) "Institution of higher education" means a college,
university, community college, or junior college described in section 4, 5, or
6 of article 8 of the state constitution of 1963 or established under section 7
of article 8 of the state constitution of 1963.
(d) "Public employee" means an employee of this state,
an employee of a city, village, township, or county of this state, or an
employee of a department, board, agency, institution, commission, authority,
division, council, college, university, school district, intermediate school
district, special district, or other public entity of this state or of a city,
village, township, or county in this state, but does not include a person whose
employment results from election or appointment.
(e) "Public officer" means a person who is elected or
appointed to any of the following:
(i) An office established by the state constitution of 1963.
(ii) A public office of a city, village, township, or county in
this state.
(iii) A department, board, agency, institution, commission,
authority, division, council, college, university, school district,
intermediate school district, special district, or other public entity of this
state or a city, village, township, or county in this state.
Sec. 2. (1) Except as provided in section 3, a public officer or public
employee shall not hold 2 or more incompatible
offices at the same time.
(2) Notwithstanding subsection (1) and section 3, a public
officer or public employee shall not hold 2 or more elected offices at the same
time. As used in this subsection, elected office does not include a precinct
delegate.
