HOUSE BILL NO. 4177
February 13, 2019, Introduced by Reps. Cherry,
Ellison, Kennedy, Sneller, Neeley, Byrd, Cynthia Johnson, Hood and Hoadley
and referred to the Committee on Oversight.
the people of the state of michigan enact:
Sec. 1. (1) This act shall be known and may be cited as the "government accountability act".
(2) As used in this act:
(a) "Administrative act" means an action, rule, regulation, order, omission, decision, recommendation, practice, or procedure of a public body.
(b) "Complaint" means an allegation of wrongdoing or a report as described in section 2 of the whistleblowers' protection act, 1980 PA 469, MCL 15.362.
(c) "Council" means the legislative council.
(d) "Office" means the office of government accountability created in section 2.
(e) "Person" means an individual, sole proprietorship, partnership, corporation, association, or any other legal entity.
(f) "Public body" includes all of the following:
(i) An officer, employee, agency, department, division, bureau, board, commission, council, authority, or other body, or a member thereof, of the executive branch of state government.
(ii) An officer, employee, agency, board, commission, council, or other body, or member thereof, of the legislative branch of state government.
(iii) A county, city, township, village, intercounty, intercity, or regional governing body; a council, school district, special district, or municipal corporation; a board, department, commission, council, agency; or a member or employee thereof.
(iv) The judiciary or a member or employee of the judiciary.
(v) A person that has contracted with a public body to provide a service that the public body is required to or would otherwise provide or to fulfill an obligation or duty of the public body.
(g) "Wrongdoing" means an action by a public body that does any of the following:
(i) Violates a law of this state, a political subdivision of this state, or the United States.
(ii) Results in the gross mismanagement or gross waste of public funds.
(iii) Creates a substantial and specific danger to public health or safety.
(iv) Results in the alteration, concealment, or destruction of or tampering with data used in the preparation of an official report for the purpose of falsifying or misrepresenting the data or misleading a person relying on the report.
Sec. 2. (1) The office of government accountability is created within the legislative council.
(2) The principal executive officer of the office of government accountability is the government accountability officer who is appointed by and serves at the pleasure of the council.
(3) The council shall establish procedures for approving the budget and expenditures for the office and for employing personnel.
Sec. 3. (1) Within 30 business days after receiving a complaint, the government accountability officer shall conduct an investigation. The government accountability officer may decline to conduct an investigation if he or she determines that the complaint pertains to a matter that is outside the scope of the government accountability officer's powers.
(2) Subject to approval of the council, the government accountability officer shall establish procedures for receiving and processing complaints, conducting investigations, holding hearings, and reporting the findings resulting from the investigations.
Sec. 4. If the government accountability officer decides to investigate a complaint, the government accountability officer shall notify the complainant in writing. If the government accountability officer declines to investigate a complaint, the government accountability officer shall, in writing, notify the complainant and inform the complainant of the reasons for the government accountability officer's decision.
Sec. 5. (1) Upon request and without the requirement of any release, a public body shall give the government accountability officer access to all information, records, and documents in the possession of the public body that the government accountability officer considers relevant to an investigation.
(2) Upon request and without notice, a public body shall grant the government accountability officer entrance to inspect at any time any premises under the control of the public body that the government accountability officer considers relevant to an investigation.
(3) The government accountability officer may hold informal hearings and may request that any person appear before the government accountability officer or at a hearing and give testimony or produce documentary or other evidence that the government accountability officer considers relevant to an investigation.
Sec. 6. Upon request of the government accountability officer, the council may hold a hearing. The council may administer oaths, subpoena witnesses, and examine the books and records of the relevant public body or of a person, partnership, or corporation involved, in accordance with section 104 of the legislative council act, 1986 PA 268, MCL 4.1104, in a matter that is or was a proper subject of investigation by the government accountability officer under this act.
Sec. 7. (1) Correspondence between the government accountability officer and a complainant is confidential, is not discoverable in a legal proceeding, is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and must be processed as privileged correspondence.
(2) The government accountability officer shall maintain confidentiality with respect to all complaints and the identities of the complainants, except so far as disclosures may be necessary to enable the government accountability officer to perform the duties of the office and to support any recommendations resulting from an investigation.
(3) A report prepared and recommendations made by the government accountability officer and submitted to the council under section 8 are exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
Sec. 8. (1) The government accountability officer shall, within 30 days after completing an investigation, prepare and submit a report of the findings of the investigation to the complainant and the council and, if the government accountability officer finds any of the following, make recommendations to the council:
(a) A wrongdoing.
(b) An administrative act for which justification is necessary.
(c) A matter that raises an issue that it is in the best interest of the state for the public body to address.
(d) Any other significant concerns as determined by the government accountability officer.
(2) The council may forward the report prepared and submitted under this section to the relevant public body or other persons affected. In an appropriate case, the council may forward a report to the Michigan state police or Ingham County prosecutor for further investigation or prosecution.
Sec. 9. The government accountability officer shall submit to the legislature an annual report on the conduct of the office.
Sec. 10. (1) A complainant or any other individual must not be subject to adverse employment action or be penalized in any way by a public body because of filing a complaint or cooperating with the government accountability officer in investigating a complaint, unless the complainant knowingly filed a complaint based on false information or the individual provided information the individual knew to be false or misleading in the course of the investigation of a complaint. As used in this subsection, "adverse employment action" means discharge, threats, or other discrimination against an employee regarding the employee's compensation, terms, conditions, location, or privileges of employment.
(2) A person shall not hinder the lawful actions of the government accountability officer or employees of the office, or willfully refuse to comply with lawful demands of the office.
(3) A person that violates this act is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $5,000.00, or both.
Sec. 11. The authority granted to the government accountability officer is in addition to the authority granted under any other act or rule that provides a remedy or right to appeal or object, or any procedure provided for inquiring into or investigating any matter. The authority granted the government accountability officer does not limit or affect the remedy or right of appeal or objection and is not part of an exclusionary process.
Sec. 12. (1) The government accountability officer shall prepare a written notice of the rights of individuals under this act and the whistleblowers' protection act, 1980 PA 469, MCL 15.361 to 15.369, and shall prepare a training guide of those rights.
(2) A public body shall train its employees utilizing the training guide prepared by the government accountability officer under subsection (1).
Enacting section 1. This act takes effect 90 days after the date it is enacted into law.