Bill Text: MI HB6020 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Public employees and officers; ethics; executive branch officials and employees ethics act; create. Creates new act & repeals 1968 PA 318 (MCL 15.301 - 15.310) & 1973 PA 196 (MCL 15.341 - 15.348).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-04-13 - Printed Bill Filed 03/26/2010 [HB6020 Detail]
Download: Michigan-2009-HB6020-Introduced.html
HOUSE BILL No. 6020
March 25, 2010, Introduced by Rep. Roberts and referred to the Committee on Ethics and Elections.
A bill to establish standards of ethical conduct for employees
and officials in the executive branch of state government; to
impose certain conditions on employees and officials in the
executive branch of state government and enhance accountability; to
require public disclosure by employees and officials in the
executive branch of state government of certain transactions; to
require the filing of a transactional disclosure statement and
other reports; to create a board of ethics and provide for its
power and duties; to prohibit persons from attempting to induce
executive branch officials and employees to violate this act; to
provide for enforcement; to prescribe penalties and provide
remedies; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER 1. DEFINITIONS; GENERAL PROVISIONS.
Sec. 101. This act shall be known and may be cited as the
"ethics act for executive branch officials and employees".
Sec. 103. This act is intended to implement section 10 of
article IV of the state constitution of 1963. It is the intent of
the legislature that this act shall be taken into consideration in
determining the construction and effect of section 10 of article IV
of the state constitution of 1963.
Sec. 105. For the purposes of this act:
(a) "Anything of value" means a tangible or intangible item
that has economic value and that could reasonably be considered to
be an advantage or of worth, use, or service to the person upon
whom it is conferred. Anything of value does not include any of the
following:
(i) An unsolicited token or award with a value of less than
$150.00.
(ii) An unsolicited advertising item with a value of less than
$50.00.
(iii) An unsolicited publication with a market value of less
than $50.00 on an annual basis.
(iv) A discount afforded to the general public or a specified
group or occupation under normal business conditions. However, the
discount may not be based on the fact of public service unless it
is a discount program approved by the board.
(v) A contribution to a bona fide charity, made in response to
a direct solicitation from an executive official or employee or a
person acting at his or her direction.
(vi) An unsolicited benefit conferred by a person or business
if the economic value totals less than $100.00 per calendar year
and if there is no express or implied understanding or agreement
that a vote, official action, or decision of an executive official
or employee will be influenced.
(vii) A tangible or intangible item for a legitimate
educational purpose or benefit.
(viii) Campaign contributions that are made and reported under
the Michigan campaign finance act, 1976 PA 388, MCL 169.201 to
169.282.
(ix) Compensation or reimbursement of expenses from this state
for duties of the office or position.
(b) "Board" means the state board of ethics created under
section 401, except where the context clearly requires a different
definition.
(c) "Confidential information" means information made
confidential by law or information that is conveyed or accepted
with the understanding that the information will be used for
official purposes only.
(d) "Conflict of interest" means a close economic association
or personal relationship between an executive official or employee
and a person that is likely to be substantially affected by an
official action or decision of an executive official or employee
that a reasonable person would believe conflicts with the public
duty or obligation of the executive official or employee to
exercise objective independent judgment or that a reasonable person
would believe creates the appearance that the person may have undue
access to confidential information or may otherwise receive favored
treatment regarding a public action. Conflict of interest does not
include a contract arising out of the status of being a student at
a state institution of higher education authorized by section 5 or
6 of article VIII of the state constitution of 1963 if the student
is elected or appointed to the governing board of the institution.
(e) "Employee" means an employee, classified or unclassified,
of the executive branch of state government.
(f) "Executive official" means any of the following
individuals within the executive branch of state government:
(i) An individual appointed by the governor.
(ii) An individual appointed by an official or body within the
executive branch other than the governor who is not a member of the
state classified service.
(iii) A member of a board of control of an institution of higher
education authorized by section 6 of article VIII of the state
constitution of 1963.
(iv) A president of an institution of higher education
authorized by section 5 or 6 of article VIII of the state
constitution of 1963 or a deputy of the president when exercising a
power vested in the president.
(v) An elected official in the executive branch of state
government, including the following:
(A) The governor.
(B) The lieutenant governor.
(C) The attorney general.
(D) The secretary of state.
(E) A member of the state board of education.
(F) A regent of the university of Michigan.
(G) A member of the board of trustees of Michigan state
university.
(H) A member of the board of governors of Wayne state
university.
(g) "Governmental decision" means a determination, action,
vote, or disposition upon a motion, proposal, recommendation,
resolution, ordinance, or measure on which a vote by the members of
a governmental entity is required and by which a governmental
entity formulates or effectuates public policy.
(h) "Immediate family" means a child residing in the
individual's household, a spouse of the individual, or a person
claimed by that individual or that individual's spouse as a
dependent for federal income tax purposes.
(i) "Outside employer or business" means any of the following:
(i) An activity, other than service to the governmental entity,
from which the executive official or employee receives compensation
for services rendered or goods sold or produced.
(ii) An entity, other than the governmental entity, if the
executive official or employee is a member, official, director, or
employee of the entity and he or she receives compensation for
services rendered or goods sold or produced by the entity.
Compensation does not include reimbursement for necessary expenses,
including travel expenses.
(iii) An entity in which the executive official or employee has
an ownership interest, except a corporation in which the executive
official or employee owns less than 10% of the outstanding stock.
(j) "Person" means an individual, sole proprietorship,
partnership, limited partnership, limited liability company,
corporation, association, or other legal entity.
(k) "Transactional disclosure statement" means a report that
this act requires an executive official or employee to file in a
form prescribed by the board to reveal an actual or potential
conflict of interest or violation of this act and that includes all
of the following information:
(i) A full description of the circumstances that present a
potential or actual conflict of interest or violation of the act.
(ii) If applicable, the reason for the executive official's or
employee's abstention or refraining from acting.
CHAPTER 2. CODE OF ETHICS.
Sec. 201. Except as otherwise provided by law, an executive
official or employee shall not use his or her public position, or
take or fail to take action, to obtain anything of value for
himself or herself or any other person or entity.
Sec. 203. An executive official or employee shall not solicit
or accept anything of value in connection with his or her official
responsibilities.
Sec. 205. An executive official shall not represent for
compensation a person in a matter that the person has before the
executive or legislative branch of state government.
Sec. 207. (1) An executive official or employee or a former
executive official or former employee shall not use or disclose
confidential information to further his or her own or another
person's interests, except to the extent permitted by law.
(2) An executive official or employee shall not engage in a
business transaction in which the executive official or employee
may profit from his or her official position or authority or
benefit financially from confidential information that the
executive official or employee has obtained or may obtain by reason
of that position or authority. Instruction that is done outside of
regularly scheduled working hours or during annual leave or
vacation time is not a business transaction under this subsection
if the instructor does not have any direct dealing with or
influence on the employing or contracting entity associated with
his or her course of employment with this state.
Sec. 209. (1) An executive official or employee or an outside
employer or business with which the executive official or employee
is associated shall not enter into a contract valued at $1,500.00
or more with this state or a political subdivision of this state
unless the contract is awarded through an open and public
competitive process that includes prior public notice and
subsequent availability for public inspection of the proposals
considered and the contract awarded.
(2) An executive official or employee who has or later
acquires an interest in an actual or proposed contract with this
state or a political subdivision of this state shall publicly
disclose the nature and extent of that interest as required by this
chapter.
(3) A contract or agreement that is executed in violation of
this section is voidable only if the person who entered into the
contract or took assignment of the contract had actual knowledge of
the prohibited conflict. If a person is other than an individual,
the actual knowledge must be that of an individual or body finally
approving the contract. A contract involving a prohibited conflict
of interest under this act is voidable only by a decree of a court
of proper jurisdiction. A decree of a court of proper jurisdiction
may provide for the reimbursement of a person for the reasonable
value of money, goods, material, labor, or services furnished under
the contract, to the extent that the governmental entity has
benefited. This subsection does not prohibit the parties from
reaching a settlement outside of court.
Sec. 211. (1) Except as provided in sections 213 and 215, an
executive official shall abstain from acting formally or informally
on a matter before the official or a governmental body on which he
or she serves if he or she knows that acting on the matter, or
failing to act on the matter, may result in a conflict of interest
or a violation of this chapter.
(2) If an executive official is required to abstain from
acting on a matter, he or she shall file a transactional disclosure
statement with the board within 10 days.
Sec. 213. Section 211 does not apply and an executive official
may vote on, make, or participate in making a governmental decision
that does not involve the award of a contract if all of the
following circumstances are present:
(a) The requisite quorum necessary for official action on the
governmental decision by the public entity to which the executive
official has been elected or appointed would not be available if
section 211 applied to bar the participation of the executive
official in the official action.
(b) The executive official is not paid for working more than
25 hours per week for this state or a political subdivision of this
state.
(c) The executive official verbally discloses any personal,
contractual, financial, business, or employment interest he or she
has in the governmental decision before the body acts on the
matter, the disclosure is made part of the public record of the
official action on the governmental decision, and a transactional
disclosure statement is filed with the board within 10 days of the
verbal disclosure.
Sec. 215. If a governmental decision involves the awarding of
a contract, section 211 does not apply and an executive official is
permitted to vote on, make, or participate in making the
governmental decision if all of the following circumstances are
present:
(a) All of the conditions of section 213 are fulfilled.
(b) The executive official will directly benefit from the
contract in an amount less than $250.00 or less than 5% of the
public cost of the contract, whichever is less.
(c) The executive official files a sworn affidavit containing
the information described in section 213(c) with the governmental
entity making the governmental decision.
(d) The affidavit required by subdivision (c) is made a part
of the public record of the official action on the governmental
decision.
Sec. 217. An executive official or employee with direct
responsibility for the management of a contract for goods or
services on behalf of this state shall refrain from acting formally
or informally on a matter before the executive official or employee
if he or she knows that acting on the matter, or failing to act on
the matter, may result in a conflict of interest or a violation of
this act. If an executive official or employee is required to
abstain from acting on a matter under this section, he or she shall
file a transactional disclosure statement with the board within 10
days.
Sec. 219. An executive official or employee with direct
responsibility for the management of a contract for goods or
services on behalf of this state shall not do either of the
following:
(a) Solicit or accept from a vendor providing goods or
services to this state a political contribution to or on behalf of
a committee under the Michigan campaign finance act, 1976 PA 388,
MCL 169.201 to 169.282.
(b) Engage in discussions or negotiations with the vendor
providing goods or services to this state under the contract that
relate to the direct or indirect employment of the executive
official or employee by the vendor.
Sec. 221. An executive official or employee shall not
represent his or her personal opinion as that of this state or a
department or agency of this state. This section does not prohibit
an elected executive official or the head of an executive branch
department or agency from representing the official position of
this state or a department or agency of this state, or from
expressing his or her personal opinion on any matter.
Sec. 223. An executive official or employee shall use
personnel resources, property, and funds under the executive
official's or employee's official care and control judiciously and
solely in accordance with prescribed constitutional, statutory, and
regulatory procedures and not for personal gain or benefit.
Sec. 225. (1) An executive official or employee shall not
engage in or accept employment or render services for a private or
public interest if that employment or service is incompatible or in
conflict with the discharge of the executive official's or
employee's official duties or if that employment may tend to impair
his or her independence of judgment or action in the performance of
official duties.
(2) An executive official or employee shall not participate in
the negotiation or execution of contracts, making of loans,
granting of subsidies, fixing of rates, issuance of permits or
certificates, or other regulation or supervision relating to a
business entity in which the executive official or employee has a
financial or personal interest.
Sec. 227. (1) A person shall not offer or give anything of
value in connection with the official responsibilities of an
executive official or employee to any of the following:
(a) An executive official or employee.
(b) A member of the executive official's or employee's
immediate family.
(c) An outside employer or business with which the executive
official or employee is associated.
(d) A customer or client of the executive official or
employee.
(2) A person shall not induce or attempt to induce an
executive official or employee to violate any of the provisions of
this chapter.
(3) Nothing in this section shall be construed to prohibit a
person from receiving a service or benefit, or from using a
facility, that is generally available to the public, provided the
person does so in the same manner or degree that is available to
the general public.
(4) Under this section, a corporation, partnership, limited
liability company, or other entity is not vicariously liable for
the actions of an employee unless the employee acted in the
execution of company policy or custom.
Sec. 229. This chapter does not prohibit conduct specifically
authorized by statute, rule, regulation, the state constitution of
1963, or the constitution of the United States.
CHAPTER 3. PENALTIES.
Sec. 301. The person or body authorized by law to impose
disciplinary action shall initiate appropriate proceedings and may
take appropriate disciplinary action concerning an executive
official or employee who violates this act.
Sec. 303. (1) An executive official or employee who has
knowledge that another executive official or employee has violated
chapter 2 may report the existence of the violation to a
supervisor, person, agency, or organization. An executive official
or employee who reports or is about to report a violation of
chapter 2 is not subject to any of the following sanctions because
he or she reported or was about to report a violation of chapter 2:
(a) Dismissal from employment or office.
(b) Withholding of salary increases that are ordinarily
forthcoming to the employee.
(c) Withholding of promotions that are ordinarily forthcoming
to the employee.
(d) Demotion in employment status.
(e) Transfer of employment location.
(2) Whenever an executive official or employee who has
reported or who intends to report a violation of chapter 2 is
subject to any of the sanctions under this section for reasons
other than the executive official's or employee's actions in
reporting or intending to report a violation of chapter 2, the
appointing or supervisory authority, before the imposition of a
sanction, shall establish by a preponderance of evidence that the
sanction to be imposed is not imposed because the executive
official or employee reported or intended to report a violation of
this act.
(3) A person who violates this section is responsible for a
civil fine of not more than $1,000.00.
(4) A civil fine recovered under this section shall be
deposited in the general fund of this state.
Sec. 305. (1) A person who alleges a violation of section 303
may bring a civil action for appropriate injunctive relief, or
actual damages, or both within 90 days after the occurrence of the
alleged violation.
(2) An action under subsection (1) may be brought in the
circuit court for the county where the alleged violation occurred,
the county where the complainant resides, or the county where the
person against whom the civil complaint is filed resides.
(3) The court rendering judgment in an action under subsection
(1) may order reinstatement of the employee, back wages, full
reinstatement of fringe benefits and seniority rights, actual
damages, or any combination of these remedies as the court
considers appropriate. The court may also award the complainant all
or a portion of the costs of litigation, including reasonable
attorney fees and witness fees, if the court determines that the
award is appropriate.
(4) As used in subsection (1), "damages" means damages for
injury or loss caused by each violation of section 303.
Sec. 307. A person who violates this act is subject to a civil
fine of not more than $1,000.00 for each violation, in addition to
any other penalty provided in this act or other law of this state.
The civil fine shall be imposed by a court of proper jurisdiction
or the person or body authorized by law to impose sanctions. A
civil fine recovered under this section shall be deposited in the
general fund of this state.
Sec. 309. A person who violates this act is liable for damages
to this state for losses or increased costs incurred by this state
as a result of the violation. Damages may be imposed by a court of
proper jurisdiction in addition to any other penalty contained in
another provision of law.
Sec. 311. A person required under chapter 2 to file a
transactional disclosure statement who willfully files a false or
incomplete transactional disclosure statement or who fails to file
a transactional disclosure statement within the time prescribed is
guilty of a misdemeanor punishable by imprisonment for not more
than 90 days or a fine of not more than $1,500.00, or both.
CHAPTER 4. STATE BOARD OF ETHICS.
Sec. 401. (1) The state board of ethics is created as an
autonomous entity within the department of technology, management,
and budget.
(2) The board shall consist of 9 members, including 7 voting
members appointed by the governor with the advice and consent of
the senate, 1 of whom shall be designated by the governor as
chairperson and all of whom shall be residents of this state and
not associated with public employment. Not more than 4 members of
the board shall be members of the same political party. An
individual serving as a member of the board of ethics created under
1973 PA 196, MCL 15.341 to 15.348, on the day prior to the
effective date of this act shall serve as a member of the board of
ethics created under this chapter until the date on which his or
her term as a member of the board of ethics created under 1973 PA
196, MCL 15.341 to 15.348, would have expired had this act not been
enacted. An individual appointed as a member of the board after the
effective date of this act shall be appointed for a term of 4
years. If a vacancy occurs, the governor shall fill the vacancy by
appointment for the remainder of the unexpired term.
(3) The attorney general and the state personnel director
shall serve ex officio as members of the board without the right to
vote.
(4) Four voting members of the board shall constitute a
quorum, and the affirmative vote of 4 members shall be necessary
for any action. Members of the board shall serve without
compensation but may be reimbursed for their actual and necessary
expenses incurred in the performance of their duties. With the
consent of the civil service commission, the state personnel
director shall designate an employee of the department of civil
service acceptable to the board to act as executive secretary of
the board and shall provide clerical or administrative assistance
from the department of civil service as the board requests.
(5) Except as provided in section 403, business conducted by
the board shall be conducted in compliance with the open meetings
act, 1976 PA 267, MCL 15.261 to 15.275. Notice of the meetings of
the board shall be made public in compliance with the open meetings
act, 1976 PA 267, MCL 15.261 to 15.275.
(6) Except as provided in section 407, a writing prepared,
owned, used, in the possession of, or retained by the board in the
performance of an official function is subject to the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246.
(7) A voting member of the board shall not while a member of
the board hold an elective public office or an elective political
party office or accept appointment to or become a candidate for an
elective public office or an elective political party office.
Sec. 403. (1) The board shall do all of the following:
(a) Receive complaints concerning alleged violations of this
act by an executive official or employee from any person or entity,
inquire into the circumstances surrounding the alleged violation,
and make recommendations concerning individual cases to the
appointing authority with supervisory responsibility for the
official or employee whose activities have been investigated. All
departments of state government shall cooperate with the board of
ethics in the conduct of its investigations. The board shall
review, index, maintain on file, dispose of complaints, make
notifications, and conduct investigations.
(b) Initiate investigations of practices that could affect the
ethical conduct of an executive official or employee.
(c) Hold public hearings.
(d) Administer oaths or affirmations, subpoena witnesses,
compel their attendance, require the production of books or records
the board considers relevant or material, and receive sworn or
unsworn testimony.
(e) Render, index, and maintain on file as provided under this
chapter advisory opinions upon request from an executive official
or employee or his or her appointing or supervisory authority
relating to matters affecting ethical conduct of an executive
official or employee.
(f) Grant waivers under section 411.
(g) Prepare and publish nonconfidential special reports and
technical studies to further the purposes of this act.
(h) Provide training and education to executive officials and
employees regarding the requirements of this act.
(i) Prepare reports as required under this act and recommend
proposed changes to this act.
(j) Provide for public inspection of records required under
this act as authorized by law.
(k) Select provisions of this act, special reports, and
technical studies for reproduction and distribution under this act.
(l) Examine transactional disclosure statements filed under
this act, the supporting records, and other documents. The board
shall index and maintain on file for at least 7 years all
transactional disclosure statements filed under this act.
(m) Promulgate rules in accordance with the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to carry
out the provisions of this act and to govern the board's
procedures. For a period of 1 year following the effective date of
this act, the board shall have full authority to exercise all of
its powers and duties in accordance with temporary rules of
procedure adopted by the board. Both the temporary rules adopted
and administrative rules promulgated may provide without limitation
for any of the following:
(i) That the board may request the attendance of any witness
whose testimony, in the judgment of the board, will aid in the
conduct of its investigations.
(ii) That a person appearing before the board must submit
either sworn or unsworn testimony as the board may decide and may
at all times be represented and accompanied by counsel.
(iii) That a record of testimony taken before the board or a
hearing officer providing hearing officer services for the board
shall be made in the manner prescribed by the board.
(iv) That the board may, when it appears to the board necessary
for the protection of individual rights, hold its meetings and
hearings in private. All other meetings and hearings shall be open
to the public.
(2) Except for matters before the board involving the attorney
general or the department of attorney general, the attorney general
shall advise the board concerning legal matters in the issuance of
advisory opinions, investigative reports, recommendations, and
other reports. If a matter before the board involves the attorney
general or the department of attorney general, the attorney general
shall designate a special assistant attorney general who is not an
employee of the department of attorney general to advise the board
independently.
(3) When a recommendation to an appointing authority is made
by the board that affects an employee in the state classified
service, the appointing authority shall initiate appropriate
proceedings in accordance with the recommendation and pursuant to
the rules of the civil service commission.
(4) When a recommendation to an appointing authority is made
by the board concerning an unclassified employee or appointee, the
appointing authority shall take appropriate disciplinary action
which may include dismissal, suspension, or removal.
(5) In any matter before the board in which the board
determines that there may have been a violation of the laws of this
state, the board shall forward the matter to the governor and the
attorney general or another appropriate law enforcement authority,
unless the matter involves the attorney general or the department
of attorney general. When a matter involves the attorney general or
the department of attorney general, the board shall forward the
matter to the governor and the county prosecutor for the county of
Ingham or another appropriate law enforcement authority but not the
attorney general or department of attorney general.
Sec. 405. (1) The board may act only with respect to the
executive officials, employees, former executive officials, and
former employees covered by this act.
(2) The termination of an elected executive official's term of
office does not affect the jurisdiction of the ethics board with
respect to the requirements imposed on him or her by this act.
Sec. 407. (1) If a majority vote of the board determines that
there is reason to believe that this act was violated, the board
shall initiate an investigative proceeding to determine whether a
violation occurred. The board shall mail a notice of the
investigation and the nature of the alleged violation to a person
under investigation within 5 days after the decision to undertake
an investigation is made. Every 60 days until a final determination
is made, the board shall mail to the complainant and to the person
under investigation notice of the action taken to date by the board
along with the reasons for the action or nonaction.
(2) Except as otherwise required by law, the board's actions
and the records relative to an investigation shall be confidential
until the board makes a final determination under this chapter.
(3) All state departments, agencies, and institutions shall
cooperate with the board when it is conducting an investigation.
(4) If the board determines that this act was not violated,
the records and actions relative to the investigation and
determination shall remain confidential unless the person
investigated requests in writing that the records and actions be
made public. If the ethics board determines that this act was
violated, the board shall make a recommendation of sanction to the
appropriate authority designated in section 409.
Sec. 409. (1) After a hearing providing for due process
procedural requirements and subject to applicable provisions of
law, the board may recommend disciplinary action. The
recommendation of the board shall be made to the person or body
authorized by law to impose or recommend discipline. For purposes
of this act, the person or body authorized by law to impose or
recommend discipline for an executive official is 1 of the
following:
(a) For the governor, the state legislature as authorized in
the state constitution of 1963.
(b) For an elected executive official other than the governor,
the governor.
(c) For an executive official appointed by the governor, the
governor.
(d) For an executive official appointed by an individual or
entity other than the governor or for an employee, the appointing
authority of the executive official or employee.
(2) The board shall conduct and complete the hearing with
reasonable promptness. If the board refers the matter to the person
or body authorized by law to impose disciplinary action or if the
board refers the matter to the attorney general, the county
prosecutor for the county of Ingham, or other appropriate law
enforcement authority, the board may adjourn the matter pending
determination by the person, body, attorney general, prosecutor, or
other appropriate law enforcement authority.
(3) After a hearing providing for due process procedural
requirements, the board may recommend that sanctions and penalties
be imposed upon an executive official or employee found by the
board to have violated this act. The recommendation of the board
shall be made to the person or body authorized by law to impose or
recommend sanctions. If ordered to pay a civil fine, the executive
official or employee shall pay the fine to the state treasurer for
deposit in the general fund.
(4) The board may initiate an action or special proceeding in
the court of appropriate jurisdiction to obtain damages under
section 309.
(5) A person other than the board shall not bring an action in
court alleging a violation of this act unless all of the following
apply:
(a) The person initiating the action has first filed a sworn
statement with the board alleging the violation by the executive
official or employee.
(b) Not less than 6 months and not more than 10 months have
elapsed since the statement was filed with the board, and the board
has failed to file a final determination in the matter.
Sec. 411. (1) Upon written application and a showing of
compelling need by the executive official or employee, the board
may grant the executive official or employee a waiver of a
provision of this act.
(2) A waiver may be granted only at an open meeting after
public notice as provided in the open meetings act, 1976 PA 267,
MCL 15.261 to 15.275. The notice shall state that a waiver is being
considered. A waiver shall be in writing and shall state the
grounds upon which it is granted.
(3) Not more than 10 days after granting a waiver, the board
shall send a copy of the decision to the executive official or
employee, the person or body authorized by law to impose discipline
upon the executive official or employee, and the governor. The
decision shall include the name of the person requesting the waiver
and a general description of the circumstances of the waiver. The
board shall index and maintain on file the application, decision,
and other records and proceedings relating to a waiver proceeding.
Sec. 413. (1) Upon the written request of an executive
official or employee, the board shall render a written advisory
opinion regarding the interpretation or application of this act.
(2) Advisory opinions and requests for advisory opinions shall
be indexed and maintained on file by the board.
(3) An executive official or employee who has submitted a
written request for an advisory opinion to the board may bring a
civil action against the board to compel it to issue the advisory
opinion. The complaint shall clearly identify the matters or
proceedings before the board. An action shall not be brought under
this subsection unless not less than 6 months or more than 10
months have elapsed since the filing of the request for an advisory
opinion and the board has failed to issue an advisory opinion in
the matter.
(4) If an advisory opinion rendered by the board has not been
amended or revoked, it is binding on the board in a subsequent
proceeding concerning the person who requested the opinion and who
acted in good faith, unless the person omitted or misstated a
material fact. The person may rely on the advisory opinion, and a
court may receive the opinion as evidence for the person's defense
in a civil action.
Sec. 415. A person aggrieved by a decision of the board may
seek judicial review and relief in a court of proper jurisdiction.
Sec. 417. The board shall do both of the following:
(a) Make information concerning this act available to each
executive official or employee, to the public, and to persons
interested in doing business with this state, through appropriate
means.
(b) Develop educational materials and an educational program
for executive officials and employees to inform them of their
duties and responsibilities under this act.
Sec. 419. (1) The board shall prepare and submit an annual
report to the governor and each house of the legislature,
summarizing the activities of the board under this act. The report
may also recommend statutory or administrative changes to this act.
(2) The board shall review this act and the board's rules,
regulations, and administrative procedures annually to determine if
they set forth clear and enforceable common-sense standards of
conduct and promote integrity, public confidence, and participation
in state government.
Sec. 421. (1) Not more than 90 days after the first meeting of
the board, and after then as appropriate, the board shall transmit
to each executive official and department copies of the provisions
of this act that the board considers necessary for distribution and
shall make copies available to the public.
(2) The board shall furnish an executive official or employee
who is elected, appointed, or employed after the effective date of
this act with a copy of the selected provisions of this act within
10 days after he or she enters upon the duties of his or her
position.
(3) The board's failure to comply with the provisions of this
section or an executive official's or employee's failure to receive
a copy of the provisions of this act does not affect the duty to
comply with or the ability to enforce this act.
(4) The board shall transmit copies of special reports and
technical studies relating to this act and its administration to
the governor in a form suitable for distribution.
Enacting section 1. 1968 PA 318, MCL 15.301 to 15.310, and
1973 PA 196, MCL 15.341 to 15.348, are repealed.
