January 19, 2011, Introduced by Senator JANSEN and referred to the Committee on Local Government and Elections.
A bill to implement the provisions of section 8 of article XI
of the state constitution of 1963 relating to certain
qualifications of public employees; to require an affidavit
affirming the qualifications from applicants for hire or transfer
to certain public employment; to prohibit a public employer from
hiring or retaining in public employment certain convicted felons;
and to prescribe penalties.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"public employee qualification act".
Sec. 2. As used in this act, "public employer" means this
state, a city, village, township, or county of this state, or 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 1 or more cities, village, townships, or
counties of this state.
Sec. 3. A public employer shall not hire an individual for or
transfer an individual to a position that is policy-making or that
has discretionary authority over public assets unless the
individual submits an affidavit stating that the individual has not
been convicted within the immediately preceding 20 years of a
felony involving dishonesty, deceit, fraud, or a breach of the
public trust that was related to the individual's official capacity
while holding an elective office or position of employment in
local, state, or federal government. If a public employer has
reason to believe that a current employee in a position that is
policy-making or that has discretionary authority over public
assets was convicted within the immediately preceding 20 years of a
felony involving dishonesty, deceit, fraud, or a breach of the
public trust and that was related to the individual's official
capacity while holding an elective office or position of employment
in local, state, or federal government, the public employer shall
investigate. If the conviction is confirmed, the public employer
shall not employ that individual in the position during the
prohibited time period.
Sec. 4. An individual who submits a false affidavit under this
act is guilty of perjury.