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HB-4220, As Passed House, March 8, 2007

SUBSTITUTE FOR

HOUSE BILL NO. 4220

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 2004 PA 110.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 3. (1) Section 2 does not prohibit a public officer's or

public employee's appointment or election to, or membership on, a

governing board of an institution of higher education. However, a

public officer or public employee shall not be a member of

governing boards of more than 1 institution of higher education

simultaneously, and a public officer or public employee shall not

be an employee and member of a governing board of an institution of

higher education simultaneously.

(2) Section 2 does not prohibit a member of a school board of

1 school district from being a superintendent of schools of another

school district.

(3) Section 2 does not prohibit a public officer or public

employee of a city, village, township, school district, community

college district, or county from being appointed to and serving as

a member of the board of a tax increment finance authority under

the tax increment finance authority act, 1980 PA 450, MCL 125.1801

to 125.1830, a downtown development authority under 1975 PA 197,

MCL 125.1651 to 125.1681, a local development finance authority

under the local development financing act, 1986 PA 281, MCL

125.2151 to 125.2174, or a brownfield redevelopment authority under

the brownfield redevelopment financing act, 1996 PA 381, MCL

125.2651 to 125.2672.

(4) Section 2 does not do any of the following:

(a) Prohibit public officers or public employees of a city,

village, township, or county having a population of less than

25,000 from serving, with or without compensation, as emergency

medical services personnel as defined in section 20904 of the

public health code, 1978 PA 368, MCL 333.20904.

(b) Prohibit public officers or public employees of a city,

village, township, or county having a population of less than

25,000 from serving, with or without compensation, as a firefighter

in that city, village, township, or county if that firefighter is

not any of the following:

(i) A full-time firefighter.

(ii) A fire chief.

(iii) A person who negotiates with the city, village, township,

or county on behalf of the firefighters.

village, township, or county having a population of less than

25,000 to authorize a public officer or public employee to perform,

with or without compensation, other additional services for the

unit of local government.

(5) This section does not relieve a person from otherwise

meeting statutory or constitutional qualifications for eligibility

to, or the continued holding of, a public office.

(6) This section does not allow or sanction activity

constituting conflict of interest prohibited by the constitution or

laws of this state.

(7) This section does not allow or sanction specific actions

taken in the course of performance of duties as a public official

or as a member of a governing body of an institution of higher

education that would result in a breach of duty as a public officer

or board member.

(8) Section 2 does not prohibit a public officer or public

employee of a community mental health services program as defined

in section 100a of the mental health code, 1974 PA 258, MCL

330.1100a, from serving as a public officer or public employee of a

separate legal or administrative entity created by 2 or more

community mental health services programs under the urban

cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to

124.512, a joint board or commission created under 1967 (Ex Sess)

House Bill No. 4220 (H-1) as amended March 8, 2007

PA 8, MCL 124.531 to 124.536, or a regional entity created under

section 204b of the mental health code, 1974 PA 258, MCL 330.1204b,

whether or not the separate legal or administrative entity, joint

board or commission, or regional entity may enter into contracts or

agreements with 1 or more of the community mental health services

programs.

(9) Section 2 does not prohibit a member of a school board

from being appointed to or serving as a volunteer coach or

supervisor of a student extracurricular activity if all of the

following conditions are present:

(a) The school board member receives no compensation for

service as a volunteer coach or supervisor.

(b) During the period he or she serves as a volunteer, the

school board member abstains from voting on issues before the

school board concerning that program.

position if the school board member is excluded.

[(d) The appointing authority has received the results of a

criminal history check and a criminal records check as described in sections 1230 and 1230a of the revised school code, 1976 PA 451, MCL 380.1230 and 380.1230a, for the school board member.]