August 1, 2007, Introduced by Rep. Meltzer and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
(MCL 380.1 to 380.1852) by adding section 1220.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1220. (1) Not later than December 31 of each year, each
school district and public school academy shall post on its website
a report containing all of the following information for the
immediately preceding school fiscal year in the form and manner
prescribed by the department:
(a) All of the following general information:
(i) The amount of the school district's or public school
academy's total budget.
(ii) The number of full-time equated pupils served by the
school district or public school academy.
(iii) The number of employees employed by the school district or
public school academy.
(b) Except as otherwise provided in subsection (2) and
subject to subsection (9), for each member of the school board or
board of directors or school administrator of the school district
or public school academy who had travel expenses during the school
fiscal year that totaled more than $3,000.00 and that were paid for
with school district or public school academy funds, all of the
following information concerning that travel:
(i) The total cost of air travel.
(ii) The total cost of overnight lodging.
(iii) The total cost of car rental.
(iv) The total cost of meals.
(v) The dates, purpose, and locations of travel.
(vi) The name and position of the board or board of directors
member or administrator.
(c) Except as otherwise provided in subsection (3) and subject
to subsection (5), for each contract, other than an employment
contract or a contract that is reported under subdivision (f), that
was entered into by the school district or public school academy
during the school fiscal year and that obligated the school
district or public school academy for an amount in excess of
$100,000.00; was not competitively bid and obligated the school
district or public school academy for an amount in excess of
$25,000.00; or was entered into with an entity in which a member of
the school board or board of directors or a school administrator of
the school district or public school academy, or a family member of
a member of the school board or board of directors or a school
administrator of the school district or public school academy, was
known by the school board or board of directors to have a monetary
interest, a description of the contract that includes at least all
of the following:
(i) The subject matter and cost of the contract.
(ii) Whether the contract was competitively bid or was a
single-source contract.
(iii) The name and position of each individual who signed the
contract on behalf of the school district or public school academy.
(d) Except as otherwise provided in subsection (3), if there
was a modification made during the school fiscal year to an
existing contract that resulted in an additional financial
obligation owed by the school district or public school academy in
excess of $100,000.00 or that resulted in the total financial
obligation owed by the school district or public school academy
from the existing contract exceeding $100,000.00, or was a
modification to an existing contract that was not competitively bid
and the modification resulted in an additional financial obligation
owed by the school district or public school academy in excess of
$25,000.00 or resulted in the total financial obligation owed by
the school district or public school academy from the existing
contract exceeding $25,000.00, a description of the modification
and the total amount of the additional and total financial
obligation.
(e) Subject to subsection (4), for each school district or
public school academy employee with a compensation package with a
total annual monetary value in the top 3% among the school
district's or public school academy's employees, all of the
following:
(i) The dollar value of his or her salary.
(ii) The dollar value of all expense accounts provided for the
employee and the dollar value of all reimbursed expenses.
(iii) The dollar value of any bonus, stipend, or any other form
of supplemental compensation. As used in this subparagraph,
"supplemental compensation" means any payment or benefit made
available to that employee that is not generally made available to
all teaching, administrative, and executive-level employees of the
school district or public school academy.
(f) Total costs incurred during the school fiscal year, and
the source or sources of the money expended during the school
fiscal year, for fiber optic or cable equipment and operating
system software for fiber optic or cable equipment networks. The
description of the source or sources of the money expended for
purposes described in this subdivision shall specify the amount
used from each of the separate funds maintained by the school
district or public school academy and used from each other source.
(g) Expenditures during the school fiscal year for public
relations, polling, lobbying, or legal services and a description
of the services received by the school district or public school
academy in return.
(h) For each person not included under subdivision (e) or (g)
to whom the school district or public school academy was required
to issue a federal income tax form 1099 that showed payments in
excess of $25,000.00 during the school fiscal year, the total
amount paid to the person, a description of the project or projects
for which the person was contracted, and the services provided by
the person.
(i) The amount and percentage of the school district's or
public school academy's total budget that was spent on each of the
following:
(i) Administrative costs, as defined under the Michigan public
school accounting manual.
(ii) Public relations, surveys, polling, lobbying, and legal
services.
(j) A list of all motor vehicles weighing 7,500 pounds or less
that were owned or leased by the school district or public school
academy during the school fiscal year and are not reported under
subdivision (c) and a description of the purposes for which each of
these motor vehicles was used.
(2) Subsection (1)(b) does not apply to any of the following:
(a) Round-trip air travel on a scheduled airline from a
location in the Upper Peninsula to a location in the Lower
Peninsula or chartered round-trip air travel from a location in the
Upper Peninsula to a location in the Lower Peninsula if the cost of
the chartered air travel is less than the published cost of the
same air travel on a scheduled airline.
(b) Travel expenses for air or boat travel for work-related
purposes within this state between an island and the mainland.
(c) Travel expenses for travel within the boundaries of the
school district for work-related purposes.
(d) Mileage reimbursement.
(3) Subsection (1)(c) and (d) does not apply to a contract for
utilities or to a contract for an annuity or retirement benefit in
which all employees are eligible to participate unless the contract
is for payment of a commission to a third-party broker for securing
1 of those contracts.
(4) If a school district or public school academy has fewer
than 3 employees in the top 3% of employees as described in
subsection (1)(e), the school district or public school academy
shall include the information required under subsection (1)(e) for
each school district or public school academy employee with a
compensation package with a total monetary value in the top 3 among
the school district's or public school academy's employees. If a
school district or public school academy has more than 20 employees
in the top 3% of employees as described in subsection (1)(e), the
school district or public school academy shall include the
information under subsection (1)(e) for each school district or
public school academy employee with a compensation package with a
total monetary value in the top 20 among the school district's or
public school academy's employees.
(5) For the purposes of subsection (1)(c), a member of the
school board or board of directors or school administrator of a
school district or public school academy, or a family member of a
member of the school board or board of directors or school
administrator of a school district or public school academy, is not
considered to have a monetary interest in any of the following
contracts:
(a) A contract between the school district or public school
academy and any of the following:
(i) A corporation in which a member of the school board or
board of directors, school district or public school academy
administrator, or family member is a stockholder owning 1% or less
of the total stock outstanding in any class if the stock is not
listed on a stock exchange or owning stock that has a present
market value of $25,000.00 or less if the stock is listed on a
stock exchange.
(ii) A corporation in which a trust, if a member of the school
board or board of directors, school district or public school
academy administrator, or family member is a beneficiary under the
trust, owns 1% or less of the total stock outstanding in any class
if the stock is not listed on a stock exchange or owning stock that
has a present market value of $25,000.00 or less if the stock is
listed on a stock exchange.
(iii) A professional limited liability company organized
pursuant to the Michigan limited liability company act, 1993 PA 23,
MCL 450.5101 to 450.5200, if a member of the school board or board
of directors, school district or public school academy
administrator, or family member is an employee but not a member of
the company.
(b) A contract between the school district or public school
academy and any of the following:
(i) A corporation in which a member of the school board or
board of directors, school district or public school academy
administrator, or family member is not a director, officer, or
employee.
(ii) A firm, partnership, or other unincorporated association,
in which a member of the school board or board of directors, school
district or public school academy administrator, or family member
is not a partner, member, or employee.
(iii) A corporation or firm that has an indebtedness owed to a
member of the school board or board of directors, school district
or public school academy administrator, or family member.
(6) The department shall include on its website a link to the
page on each school district's or public school academy's website
that includes the school district's or public school academy's
report under subsection (1).
(7) The department shall work with school districts and public
school academies to determine the form and manner for the posting
of the report under subsection (1).
(8) A school district or public school academy shall maintain
the report under subsection (1) on its website only for the most
recent reporting period, but shall maintain paper copies of
previous reports for at least 10 years.
(9) Beginning January 1, 2008, the monetary amount specified
in subsection (1)(b) shall be adjusted each January 1 by
multiplying the amount for the immediately preceding year by the
percentage by which the average consumer price index for all items
for the 12 months ending August 31 of the year in which the
adjustment is made differs from that index's average for the 12
months ending on August 31 of the immediately preceding year and
adding that product to the maximum amount that applied in the
immediately preceding year, rounding to the nearest whole dollar.
The adjustment shall apply only to expenditures or violations
occurring after the date of the adjusting of the amount. The
adjusted amount shall be determined and announced by the department
on or before December 15 of each year and shall be provided to all
persons requesting the adjusted amount. If the index is
unavailable, the department shall make a reasonable approximation.
(10) As used in this section:
(a) "Competitively bid" means that a contract was entered into
through a request for information, a request for proposal, or a
formal competitive bid process that was advertised and open to the
public, and includes a contract entered into on behalf of the
school district or public school academy by a federal, state, or
local governmental entity that performed a request for information,
request for proposal, or formal competitive bid process or by a
nonprofit corporation or nonprofit association that performed a
request for information, request for proposal, or formal
competitive bid process.
(b) "Family member" means a person's spouse or spouse's
sibling or child; a person's sibling or sibling's spouse or child;
a person's child or child's spouse; or a person's parent or
parent's spouse, and includes these relationships as created by
adoption or marriage.
(c) "Total budget" means budget for all funds held by the
school district or public school academy or held by the fiscal
agent of a public school academy on behalf of the public school
academy.
(11) This section shall be known as the "school sunshine law".