HB 5647

HOUSE BILL NO. 5647
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 2017
PA 208.
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 any
of the following:
(a) A member of
the board of a any
of the following:
(i) A tax increment finance authority under the tax increment finance authority act, 1980 PA 450, MCL
125.1801 to 125.1830; a part 3 of the
recodified tax increment financing act, 2018 PA 57, MCL 125.4301 to 125.4329.
(ii) A downtown development authority under 1975 PA 197, MCL 125.1651 to 125.1681; a part 2 of the recodified tax increment financing act, 2018
PA 57, MCL 125.4201 to 125.4230.
(iii) A local development finance authority under the local development financing act, 1986 PA 281, MCL
125.2151 to 125.2174; a part 4 of the
recodified tax increment financing act, 2018 PA 57, MCL 125.4401 to 125.4420.
(iv) A brownfield redevelopment authority under
the brownfield redevelopment financing act, 1996 PA 381, MCL 125.2651 to
125.2670. ; a housing
commission created under 1933 (Ex Sess) PA 18, MCL 125.651 to 125.709c; a
(v) A neighborhood improvement authority under the neighborhood improvement authority act, 2007 PA 61,
MCL 125.2911 to 125.2932; a part 8 of the
recodified tax increment financing act, 2018 PA 57, MCL 125.4802 to 125.4821.
(vi) 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 part 7 of the
recodified tax increment financing act, 2018 PA 57, MCL 125.4702 to 125.4722.
(vii) A corridor
improvement authority under part 6 of the recodified tax increment financing
act, 2018 PA 57, MCL 125.4602 to 125.4629.
(b) 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
(c) A member of a housing commission created under 1933 (Ex Sess) PA 18,
MCL 125.651 to 125.709c.
(d) An officer
of a metropolitan district under the metropolitan district act, 1929 PA 312,
MCL 119.1 to 119.18. ; a
(e) 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 state constitution of 1963 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 the
school board member serves as a volunteer, the school board member
abstains from voting on issues before the school board concerning that program.
(c) There is no not a 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 individual 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, 2017 PA 202, MCL 38.2807.
(16) Section 2 does not prohibit a public employee of a county from
contracting with a township within that county to assist a township supervisor
or assessing official of that township with certain services if all of the
following apply:
(a) The population of the county is less than 40,000.
(b) The public employee is an individual certified under section 10d of
the general property tax act, 1893 PA 206, MCL 211.10d.
(c) The public employee provides written notice of the proposed contract
to the director of the tax or equalization department of the county or the
chairperson of the county board of commissioners and to the township supervisor.
(d) The county board of commissioners, or the county administrator, and
the public employee's direct supervisor authorize the public employee to
perform the services described in the proposed contract.
(e) The public employee provides a biannual written report to the county
board of commissioners and the public employee's direct supervisor regarding
the services performed under the contract.
(f) The public employee does not perform any service for the township
during the public employee's regularly scheduled working hours for the county.