HOUSE BILL No. 4047


     January 27, 1999, Introduced by Reps. Brewer, Neumann, Quarles, Kelly and Frank and referred to the Committee on
Employment Relations, Training and Safety.


        A bill to amend 1973 PA 196, entitled

   "An act to prescribe standards of conduct for public officers and
   employees; to create a state board of ethics and prescribe its
   powers and duties; and to prescribe remedies and penalties,"

   by amending the title and section 5 (MCL 15.345), the title as

   amended by 1980 PA 481, and by adding section 2f.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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                                    TITLE

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           An act to prescribe standards of conduct for public officers

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      and employees; TO PRESCRIBE STANDARDS OF CONDUCT FOR FORMER

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      PUBLIC OFFICERS AND EMPLOYEES; to create a state board of ethics

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      and prescribe its powers and duties; and to prescribe remedies

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      and penalties.

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           SEC. 2F.  (1) UPON SEPARATION OF EMPLOYMENT WITH THIS STATE,

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      A PUBLIC OFFICER OR EMPLOYEE CLASSIFIED AS A STATE EXECUTIVE

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      SERVICE EMPLOYEE OR GROUP 4 EMPLOYEE BY THE DEPARTMENT OF CIVIL


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      SERVICE SHALL NOT WORK FOR OR TAKE COMPENSATION FROM AN

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      INDIVIDUAL OR ENTITY THAT OWNS OR OPERATES A BUSINESS THAT PER-

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      FORMS A SERVICE THAT WAS FORMERLY PERFORMED BY STATE EMPLOYEES IF

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      THAT PUBLIC OFFICER OR EMPLOYEE WAS INVOLVED WITH NEGOTIATING THE

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      CONTRACT FOR PERFORMING THE SERVICES THAT WERE PERFORMED BY STATE

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      EMPLOYEES FOR A PERIOD OF 1 YEAR AFTER THE DATE OF SEPARATION OF

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      STATE EMPLOYMENT.  A PUBLIC OFFICER OR EMPLOYEE DESCRIBED IN THIS

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      SECTION IS NOT IN VIOLATION OF THIS SECTION IF, BEFORE SEPARATION

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      OF STATE EMPLOYMENT, THAT PUBLIC OFFICER OR EMPLOYEE OBTAINS A

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      WRITTEN STATEMENT FROM THE BOARD OF ETHICS THAT THE PUBLIC

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      OFFICER'S OR EMPLOYEE'S STATE EMPLOYMENT DID NOT SIGNIFICANTLY

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      AFFECT THE CONTRACT FOR SERVICES WITH THE INDIVIDUAL OR ENTITY

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      THAT THE PUBLIC OFFICER OR EMPLOYEE INTENDS TO WORK FOR SUBSE-

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      QUENT TO STATE EMPLOYMENT.

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           (2) A PERSON WHO VIOLATES SUBSECTION (1) IS GUILTY OF A MIS-

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      DEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 2 YEARS OR

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      A FINE OF NOT MORE THAN $3,000.00, OR BOTH.

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           Sec. 5.  (1) The board shall DO ALL OF THE FOLLOWING:

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           (a) Receive complaints concerning alleged unethical conduct

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      by a public officer or employee from any person or entity,

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      inquire into the circumstances surrounding the alleged unethical

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      conduct, and make recommendations concerning individual cases to

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      the appointing authority with supervisory responsibility for the

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      person whose activities have been investigated.  All departments

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      of state government shall cooperate with the board of ethics in

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      the conduct of its investigations.





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           (b) Initiate investigations of practices that could affect

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      ethical conduct of a public officer or employee.

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           (c) Hold public hearings.

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           (d) Administer oaths and receive sworn testimony.

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           (e) Issue and publish advisory opinions upon request from a

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      public officer or employee or their appointing or supervisory

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      authority relating to matters affecting ethical conduct of a

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      public officer or employee.

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           (F) EVALUATE AND MAKE A WRITTEN DETERMINATION WHEN REQUESTED

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      AND AS PROVIDED UNDER SECTION 2F.

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           (2) In the issuance of investigative reports and recommenda-

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      tions and advisory opinions, the board shall be advised as to

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      legal matters by the attorney general.

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           (3) When a recommendation to an appointing authority is made

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      by the board  which  THAT affects a classified employee, the

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      appointing authority shall initiate appropriate proceedings in

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      accordance with  such  THE recommendation and pursuant to the

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      rules of the civil service commission.

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           (4) When a recommendation to an appointing authority is made

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      by the board concerning an unclassified employee or appointee,

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      the appointing authority shall take appropriate disciplinary

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      action  which  THAT may include dismissal.













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