COMM. W/LEG.; PROHIBIT DISCPLINARY ACTION                                              S.J.R. G:

                                                                                 SUMMARY OF INTRODUCED BILL

                                                                                                         IN COMMITTEE

Senate Joint Resolution G (as introduced 3-23-21)

Sponsor:  Senator Tom Barrett

Committee:  Oversight

Date Completed:  4-20-21

CONTENT

The joint resolution would add Section 9 to Article 11 (Public Officers and Employment) of the Michigan Constitution to do the following:

-- Prohibit a State department or agency from taking disciplinary action against an employee of that department or agency because the employee communicated with a member of the Legislature.

-- Prohibit a member of the Legislature from taking disciplinary action against a nonpartisan employee of the Legislature because the employee communicated with another member of the Legislature.

Under the resolution, notwithstanding any other provision of the Constitution and except as otherwise provided, a department or agency of the State could not take disciplinary action against an employee of that department or agency who was in the classified State civil service because he or she communicated with a member of the Michigan Senate or House of Representatives or a member's staff.

Notwithstanding any other provision of the Constitution and except as otherwise provided, a member or office of the Senate or House could not take disciplinary action against a nonpartisan employee of the Senate or House because he or she communicated with a member of the Senate or House or a member's staff.

The provisions described above would not apply if either of the following conditions were met:

-- The communication was prohibited by law and the department or agency or the member or office of the Senate or House taking the disciplinary action was exercising its authority as provided by law.

-- The employee knowingly made a false statement in his or her communication.

If approved by a two-thirds vote of each house of the Legislature, the joint resolution would have to be submitted to the electors of the State at the next general election.

                                                                          Legislative Analyst:  Stephen Jackson

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

                                                                                      Fiscal Analyst:  Joe Carrasco

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.