October 15, 2003, Introduced by Senator HAMMERSTROM and referred to the Committee on Health Policy.
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 2000 PA 455.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 3. (1) Section 2 does not prohibit a public officer's
2 or public employee's appointment or election to, or membership
3 on, a governing board of an institution of higher education.
4 However, a public officer or public employee shall not be a
5 member of governing boards of more than 1 institution of higher
6 education simultaneously, and a public officer or public employee
7 shall not be an employee and member of a governing board of an
8 institution of higher education simultaneously.
9 (2) Section 2 does not prohibit a member of a school board of
1 1 school district from being a superintendent of schools of
2 another school district.
3 (3) Section 2 does not prohibit a public officer or public
4 employee of a city, village, township, school district, community
5 college district, or county from being appointed to and serving
6 as a member of the board of a tax increment finance authority
7 under the tax increment finance authority act, 1980 PA 450, MCL
8 125.1801 to 125.1830, a downtown development authority under 1975
9 PA 197, MCL 125.1651 to 125.1681, a local development finance
10 authority under the local development financing act, 1986 PA 281,
11 MCL 125.2151 to 125.2174, or a brownfield redevelopment authority
12 under the brownfield redevelopment financing act, 1996 PA 381,
13 MCL 125.2651 to 125.2672.
14 (4) Section 2 does not do any of the following:
15 (a) Prohibit public officers or public employees of a city,
16 village, township, or county having a population of less than
17 25,000 from serving, with or without compensation, as emergency
18 medical services personnel as defined in section 20904 of the
19 public health code, 1978 PA 368, MCL 333.20904.
20 (b) Prohibit public officers or public employees of a city,
21 village, township, or county having a population of less than
22 25,000 from serving, with or without compensation, as a
23 firefighter in that city, village, township, or county if that
24 firefighter is not any of the following:
25 (i) A full-time firefighter.
26 (ii) A fire chief.
27 (iii) A person who negotiates with the city, village,
1 township, or county on behalf of the firefighters.
2 (c) Limit the authority of the governing body of a city,
3 village, township, or county having a population of less than
4 25,000 to authorize a public officer or public employee to
5 perform, with or without compensation, other additional services
6 for the unit of local government.
7 (5) This section does not relieve a person from otherwise
8 meeting statutory or constitutional qualifications for
9 eligibility to, or the continued holding of, a public office.
10 (6) This section does not allow or sanction activity
11 constituting conflict of interest prohibited by the constitution
12 or laws of this state.
13 (7) This section does not allow or sanction specific actions
14 taken in the course of performance of duties as a public official
15 or as a member of a governing body of an institution of higher
16 education that would result in a breach of duty as a public
17 officer or board member.
18 (8) Section 2 does not prohibit a public officer or public
19 employee of a community mental health services program as defined
20 in section 100a of the mental health code, 1974 PA 258, MCL
21 330.1100a, from serving as a public officer or public employee of
22 a separate legal or administrative entity created by 2 or more
23 community mental health services programs under the urban
24 cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to
25 124.512, a joint board or commission created under 1967 (Ex Sess)
26 PA 8, MCL 124.531 to 124.536, or a regional entity created under
27 section 204b of the mental health code, 1974 PA 258, MCL
1 330.1204b, whether or not the separate legal or administrative
2 entity, joint board or commission, or regional entity may enter
3 into contracts or agreements with 1 or more of the community
4 mental health services programs.