reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 267 of 1976 - Open Meetings Act (15.261 - 15.275) › Section 15.269 - Minutes.

15.269 Minutes.
Sec. 9.
(1) Each public body shall keep minutes of each meeting showing the date, time, place, members present, members absent, any decisions made at a meeting open to the public, and the purpose or purposes for which a closed session is held. The minutes shall include all roll call votes taken at the meeting. The public body shall make any corrections in the minutes at the next meeting after the meeting to which the minutes refer. The public body shall make corrected minutes available at or before the next subsequent meeting after correction. The corrected minutes shall show both the original entry and the correction.
(2) Minutes are public records open to public inspection, and a public body shall make the minutes available at the address designated on posted public notices pursuant to section 4. The public body shall make copies of the minutes available to the public at the reasonable estimated cost for printing and copying.
(3) A public body shall make proposed minutes available for public inspection within 8 business days after the meeting to which the minutes refer. The public body shall make approved minutes available for public inspection within 5 business days after the meeting at which the minutes are approved by the public body.
(4) A public body shall not include in or with its minutes any personally identifiable information that, if released, would prevent the public body from complying with section 444 of subpart 4 of part C of the general education provisions act, 20 USC 1232g, commonly referred to as the family educational rights and privacy act of 1974.
History:
1976, Act 267, Eff. Mar. 31, 1977 ;-- Am. 1982, Act 130, Imd. Eff. Apr. 20, 1982 ;-- Am. 2004, Act 305, Imd. Eff. Aug. 11, 2004
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 267 of 1976 - Open Meetings Act (15.261 - 15.275) › Section 15.269a - Sound Recordings of Public Meetings.

15.269a Sound recordings of public meetings.
Sec. 9a.
(1) Every meeting of a public body that is a state licensing board, state commission panel, or state rule-making board, except a meeting or part of a meeting held in closed session, must be recorded in a manner that allows for the capture of sound, including, without limitation, in any of the following formats:
(a) A sound-only recording.
(b) A video recording with sound and picture.
(c) A digital or analog broadcast capable of being recorded.
(2) A recording required under subsection (1) must be maintained for a minimum of 1 year from the date of the meeting in a format that can be reproduced upon a request under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
History:
Add. 2022, Act 63, Eff. Mar. 29, 2023
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 267 of 1976 - Open Meetings Act (15.261 - 15.275) › Section 15.270 - Decisions of Public Body; Presumption; Civil Action to Invalidate; Jurisdiction; Venue; Reenactment of Disputed Decision.

15.270 Decisions of public body; presumption; civil action to invalidate; jurisdiction; venue; reenactment of disputed decision.
Sec. 10.
(1) Decisions of a public body shall be presumed to have been adopted in compliance with the requirements of this act. The attorney general, the prosecuting attorney of the county in which the public body serves, or any person may commence a civil action in the circuit court to challenge the validity of a decision of a public body made in violation of this act.
(2) A decision made by a public body may be invalidated if the public body has not complied with the requirements of section 3(1), (2), and (3) in making the decision or if failure to give notice in accordance with section 5 has interfered with substantial compliance with section 3(1), (2), and (3) and the court finds that the noncompliance or failure has impaired the rights of the public under this act.
(3) The circuit court shall not have jurisdiction to invalidate a decision of a public body for a violation of this act unless an action is commenced pursuant to this section within the following specified period of time:
(a) Within 60 days after the approved minutes are made available to the public by the public body except as otherwise provided in subdivision (b).
(b) If the decision involves the approval of contracts, the receipt or acceptance of bids, the making of assessments, the procedures pertaining to the issuance of bonds or other evidences of indebtedness, or the submission of a borrowing proposal to the electors, within 30 days after the approved minutes are made available to the public pursuant to that decision.
(4) Venue for an action under this section shall be any county in which a local public body serves or, if the decision of a state public body is at issue, in Ingham county.
(5) In any case where an action has been initiated to invalidate a decision of a public body on the ground that it was not taken in conformity with the requirements of this act, the public body may, without being deemed to make any admission contrary to its interest, reenact the disputed decision in conformity with this act. A decision reenacted in this manner shall be effective from the date of reenactment and shall not be declared invalid by reason of a deficiency in the procedure used for its initial enactment.
History:
1976, Act 267, Eff. Mar. 31, 1977
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 267 of 1976 - Open Meetings Act (15.261 - 15.275) › Section 15.271 - Civil Action to Compel Compliance or Enjoin Noncompliance; Commencement; Venue; Security Not Required; Commencement of Action for Mandamus; Court Costs and Attorney Fees.

15.271 Civil action to compel compliance or enjoin noncompliance; commencement; venue; security not required; commencement of action for mandamus; court costs and attorney fees.
Sec. 11.
(1) If a public body is not complying with this act, the attorney general, prosecuting attorney of the county in which the public body serves, or a person may commence a civil action to compel compliance or to enjoin further noncompliance with this act.
(2) An action for injunctive relief against a local public body shall be commenced in the circuit court, and venue is proper in any county in which the public body serves. An action for an injunction against a state public body shall be commenced in the circuit court and venue is proper in any county in which the public body has its principal office, or in Ingham county. If a person commences an action for injunctive relief, that person shall not be required to post security as a condition for obtaining a preliminary injunction or a temporary restraining order.
(3) An action for mandamus against a public body under this act shall be commenced in the court of appeals.
(4) If a public body is not complying with this act, and a person commences a civil action against the public body for injunctive relief to compel compliance or to enjoin further noncompliance with the act and succeeds in obtaining relief in the action, the person shall recover court costs and actual attorney fees for the action.
History:
1976, Act 267, Eff. Mar. 31, 1977
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 267 of 1976 - Open Meetings Act (15.261 - 15.275) › Section 15.272 - Violation as Misdemeanor; Penalty.

15.272 Violation as misdemeanor; penalty.
Sec. 12.
(1) A public official who intentionally violates this act is guilty of a misdemeanor punishable by a fine of not more than $1,000.00.
(2) A public official who is convicted of intentionally violating a provision of this act for a second time within the same term shall be guilty of a misdemeanor and shall be fined not more than $2,000.00, or imprisoned for not more than 1 year, or both.
History:
1976, Act 267, Eff. Mar. 31, 1977
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 267 of 1976 - Open Meetings Act (15.261 - 15.275) › Section 15.273 - Violation; Liability.

15.273 Violation; liability.
Sec. 13.
(1) A public official who intentionally violates this act shall be personally liable in a civil action for actual and exemplary damages of not more than $500.00 total, plus court costs and actual attorney fees to a person or group of persons bringing the action.
(2) Not more than 1 action under this section shall be brought against a public official for a single meeting. An action under this section shall be commenced within 180 days after the date of the violation which gives rise to the cause of action.
(3) An action for damages under this section may be joined with an action for injunctive or exemplary relief under section 11.
History:
1976, Act 267, Eff. Mar. 31, 1977
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 267 of 1976 - Open Meetings Act (15.261 - 15.275) › Section 15.273a - Selection of President by Governing Board of Higher Education Institution; Violation; Civil Fine.

15.273a Selection of president by governing board of higher education institution; violation; civil fine.
Sec. 13a.
If the governing board of an institution of higher education established under section 4, 5, or 6 of article VIII of the state constitution of 1963 violates this act with respect to the process of selecting a president of the institution at any time after the recommendation of final candidates to the governing board, as described in section 8(j), the institution is responsible for the payment of a civil fine of not more than $500,000.00. This civil fine is in addition to any other remedy or penalty under this act. To the extent possible, any payment of fines imposed under this section shall be paid from funds allocated by the institution of higher education to pay for the travel and expenses of the members of the governing board.
History:
Add. 1996, Act 464, Imd. Eff. Dec. 26, 1996
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 267 of 1976 - Open Meetings Act (15.261 - 15.275) › Section 15.274 - Repeal of MCL 15.251 to 15.253.

15.274 Repeal of MCL 15.251 to 15.253.
Sec. 14.
Act No. 261 of the Public Acts of 1968, being sections 15.251 to 15.253 of the Compiled Laws of 1970, is repealed.
History:
1976, Act 267, Eff. Mar. 31, 1977
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 267 of 1976 - Open Meetings Act (15.261 - 15.275) › Section 15.275 - Effective Date.

15.275 Effective date.
Sec. 15.
This act shall take effect January 1, 1977.
History:
1976, Act 267, Eff. Mar. 31, 1977
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 318 of 1968 - Conflict of Interest (15.301 - 15.310) › Section 15.301 - Conflict of Interest; Purpose.

15.301 Conflict of interest; purpose.
Sec. 1.
This statute is enacted for the purpose of implementing the provisions of section 10 of article 4 of the constitution. Therefore, this act shall be taken into consideration in determining the construction and effect to be given the constitutional section, insofar as the same is constitutionally possible.
History:
1968, Act 318, Eff. Sept. 1, 1968
Compiler's Notes:
Section 191 of Act 227 of the Public Acts of 1975 repealed MCL 4.401 to 4.410, 168.901 to 168.929, 15.321 to 15.330, 15.301 to 15.310, and 15.341 to 15.348. The Michigan Supreme Court, however, in Advisory Opinion on Constitutionality of 1975 PA 227, 396 Mich. 123, 240 N.W.2d 193 (1976), held Act 227 of the Public Acts of 1975 unconstitutional for being in violation of Mich. Const., Art. 4, § 24.
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 318 of 1968 - Conflict of Interest (15.301 - 15.310) › Section 15.302 - Direct or Indirect Interest in State Contracts Prohibited.

15.302 Direct or indirect interest in state contracts prohibited.
Sec. 2.
No member of the legislature, herein referred to as a "legislator", nor any state officer shall be interested directly or indirectly in any contract with the state or any political subdivision thereof which shall cause a substantial conflict of interest.
History:
1968, Act 318, Eff. Sept. 1, 1968
Compiler's Notes:
Section 191 of Act 227 of the Public Acts of 1975 repealed MCL 4.401 to 4.410, 168.901 to 168.929, 15.321 to 15.330, 15.301 to 15.310, and 15.341 to 15.348. The Michigan Supreme Court, however, in Advisory Opinion on Constitutionality of 1975 PA 227, 396 Mich. 123, 240 N.W.2d 193 (1976), held Act 227 of the Public Acts of 1975 unconstitutional for being in violation of Mich. Const., Art. 4, § 24.
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 318 of 1968 - Conflict of Interest (15.301 - 15.310) › Section 15.303 - Definitions.

15.303 Definitions.
Sec. 3.
As used in this act:
(a) The term "state officer" means only a person occupying one of the following offices established by the constitution: governor; lieutenant governor; secretary of state; state treasurer; attorney general; auditor general; superintendent of public instruction; member of the state board of education; regent of the university of Michigan; trustee of Michigan State University; governor of Wayne State University; member of a board of control of one of the other institutions of higher education named in section 4 of article 8 of the constitution or established by law as therein provided; president of each of the foregoing universities and institutions of higher learning; member of the state board for public community and junior colleges; member of the supreme court; member of the court of appeals; member of the state highway commission; director of the state highway commission; member of the liquor control commission; member of the board of state canvassers; member of the commission on legislative apportionment; member of the civil service commission; state personnel director; or member of the civil rights commission; together with his principal deputy who by law under specified circumstances, may exercise independently some or all of the sovereign powers of his principal whenever the deputy is actually exercising such powers.
(b) "Political subdivision" includes all public bodies corporate within but not including the state, including all agencies thereof or any non-incorporated body within the state of whatever nature, including all agencies thereof.
History:
1968, Act 318, Eff. Sept. 1, 1968
Compiler's Notes:
Section 191 of Act 227 of the Public Acts of 1975 repealed MCL 4.401 to 4.410, 168.901 to 168.929, 15.321 to 15.330, 15.301 to 15.310, and 15.341 to 15.348. The Michigan Supreme Court, however, in Advisory Opinion on Constitutionality of 1975 PA 227, 396 Mich. 123, 240 N.W.2d 193 (1976), held Act 227 of the Public Acts of 1975 unconstitutional for being in violation of Mich. Const., Art. 4, § 24.
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 318 of 1968 - Conflict of Interest (15.301 - 15.310) › Section 15.304a - Contract Arising From Status of Being Both Student and Member of Governing Board.

15.304a Contract arising from status of being both student and member of governing board.
Sec. 4a.
In addition to the cases set forth in section 4, there shall not be deemed to be a conflict of interest with respect to a contract arising out of the status of being a student at an institution of higher education granting baccalaureate degrees or an institution established pursuant to section 7 of article 8 of the state constitution of 1963 where the student is elected or appointed to the governing board of the institution of higher education.
History:
Add. 1974, Act 317, Imd. Eff. Dec. 15, 1974 ;-- Am. 1976, Act 423, Imd. Eff. Jan. 11, 1977
Compiler's Notes:
Section 191 of Act 227 of the Public Acts of 1975 repealed MCL 4.401 to 4.410, 168.901 to 168.929, 15.321 to 15.330, 15.301 to 15.310, and 15.341 to 15.348. The Michigan Supreme Court, however, in Advisory Opinion on Constitutionality of 1975 PA 227, 396 Mich. 123, 240 N.W.2d 193 (1976), held Act 227 of the Public Acts of 1975 unconstitutional for being in violation of Mich. Const., Art. 4, § 24.
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 318 of 1968 - Conflict of Interest (15.301 - 15.310) › Section 15.305 - Voidability of Contracts; Procedure; Knowledge; Limitation on Actions; Reimbursement; Amicable Settlement; Evidences of Indebtedness.

15.305 Voidability of contracts; procedure; knowledge; limitation on actions; reimbursement; amicable settlement; evidences of indebtedness.
Sec. 5.
(1) This act, following the evident intent of section 10 of article 4 of the constitution, is aimed to prevent legislators and state officers from engaging in certain activities under circumstances creating a substantial conflict of interest and is not intended to penalize innocent persons. Therefore, no contract shall be absolutely void by reason of this act or the constitutional provision which it implements. Contracts involving a prohibited conflict of interest under this act and said constitutional provision shall be voidable only by decree of a court of proper jurisdiction in an action by the state or a political subdivision which is a party thereto, as to any person, firm, corporation or trust that entered into said contract or took any assignment thereof, with actual knowledge of such prohibited conflict. In the case of a corporation, the actual knowledge must be that of a person or body finally approving the contract for the corporation. All actions to avoid any contract hereunder shall be brought within 1 year after discovery of circumstances suggesting the existence of a violation of the constitutional provision as implemented by this act. In order to meet the ends of justice any such decree shall provide for the reimbursement of any person, firm, corporation or trust for the reasonable value of all moneys, goods, materials, labor or services furnished under the contract, to the extent that the state or political subdivision has benefited thereby. This provision shall not prohibit the parties from arriving at an amicable settlement.
(2) Negotiable and nonnegotiable bonds, notes or evidences of indebtedness, whether heretofore or hereafter issued, in the hands of purchasers for value, shall not be void or voidable by reason of this act or of the constitutional provision which it implements or of any previous statute, charter or rule of law.
History:
1968, Act 318, Eff. Sept. 1, 1968
Compiler's Notes:
Section 191 of Act 227 of the Public Acts of 1975 repealed MCL 4.401 to 4.410, 168.901 to 168.929, 15.321 to 15.330, 15.301 to 15.310, and 15.341 to 15.348. The Michigan Supreme Court, however, in Advisory Opinion on Constitutionality of 1975 PA 227, 396 Mich. 123, 240 N.W.2d 193 (1976), held Act 227 of the Public Acts of 1975 unconstitutional for being in violation of Mich. Const., Art. 4, § 24.
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 318 of 1968 - Conflict of Interest (15.301 - 15.310) › Section 15.306 - Existing Contracts; Validity.

15.306 Existing contracts; validity.
Sec. 6.
If the state or any political subdivision thereof has, prior to the effective date of this act, entered into any contract under which moneys, goods, materials, labor or services, have been actually received by the state or the political subdivision, which was void or voidable under any act, charter or rule of law because of conflict of interest on the part of a legislator or state officer at the time of the execution thereof, such contract shall be fully enforceable notwithstanding such conflict of interest, by any party thereto other than such legislator or state officer.
History:
1968, Act 318, Eff. Sept. 1, 1968
Compiler's Notes:
Section 191 of Act 227 of the Public Acts of 1975 repealed MCL 4.401 to 4.410, 168.901 to 168.929, 15.321 to 15.330, 15.301 to 15.310, and 15.341 to 15.348. The Michigan Supreme Court, however, in Advisory Opinion on Constitutionality of 1975 PA 227, 396 Mich. 123, 240 N.W.2d 193 (1976), held Act 227 of the Public Acts of 1975 unconstitutional for being in violation of Mich. Const., Art. 4, § 24.
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 318 of 1968 - Conflict of Interest (15.301 - 15.310) › Section 15.307 - Legislative Committee on Conflict of Interest; Appointment, Duties and Powers; Prohibitions; Violations.

15.307 Legislative committee on conflict of interest; appointment, duties and powers; prohibitions; violations.
Sec. 7.
There is created a special committee of the legislature on conflict of interest (herein referred to as the committee) to consist of 3 members of the senate and 3 members of the house of representatives, at least 1 of whom from each house shall be a member of the minority party, to be appointed in the same manner as standing committees of the senate and the house. The committee shall have the following duties and powers:
(a) It shall establish, by majority vote, its rules and procedures;
(b) Its members shall serve without compensation, but shall be entitled to actual and necessary expenses while on the business of the committee;
(c) It may, upon the request of any member of the legislature, render advisory opinions to legislators as to whether under the facts and circumstances of a particular case a legislator is interested directly or indirectly in a contract with the state or any political subdivision thereof which shall cause a substantial conflict of interest;
(d) It may insure that the identity of persons involved in any request for advisory opinions shall not be disclosed in the request, advisory opinion or otherwise.
Any member of the legislature who is licensed as an attorney is prohibited from appearing in any nonadversary or nonministerial proceeding before any state department, office, board or commission of the executive branch of government.
Any member of the legislature willfully violating the provisions of this act shall be subject to appropriate disciplinary action by the house of which he is a member.
History:
1968, Act 318, Eff. Sept. 1, 1968
Compiler's Notes:
Section 191 of Act 227 of the Public Acts of 1975 repealed MCL 4.401 to 4.410, 168.901 to 168.929, 15.321 to 15.330, 15.301 to 15.310, and 15.341 to 15.348. The Michigan Supreme Court, however, in Advisory Opinion on Constitutionality of 1975 PA 227, 396 Mich. 123, 240 N.W.2d 193 (1976), held Act 227 of the Public Acts of 1975 unconstitutional for being in violation of Mich. Const., Art. 4, § 24.
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 318 of 1968 - Conflict of Interest (15.301 - 15.310) › Section 15.308 - Conflicts of Interest; State Officers, Violations.

15.308 Conflicts of interest; state officers, violations.
Sec. 8.
Any state officer willfully violating the provisions of this act shall be subject to appropriate disciplinary action by the governor if he is an administrative officer of the state or if he be a judicial officer of the state, then by the governor on a concurrent resolution adopted by 2/3 of the members elected to and serving in each house of the legislature.
History:
1968, Act 318, Eff. Sept. 1, 1968
Compiler's Notes:
Section 191 of Act 227 of the Public Acts of 1975 repealed MCL 4.401 to 4.410, 168.901 to 168.929, 15.321 to 15.330, 15.301 to 15.310, and 15.341 to 15.348. The Michigan Supreme Court, however, in Advisory Opinion on Constitutionality of 1975 PA 227, 396 Mich. 123, 240 N.W.2d 193 (1976), held Act 227 of the Public Acts of 1975 unconstitutional for being in violation of Mich. Const., Art. 4, § 24.
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 318 of 1968 - Conflict of Interest (15.301 - 15.310) › Section 15.309 - Conflicts of Interest; Controlling Law.

15.309 Conflicts of interest; controlling law.
Sec. 9.
All acts and parts of acts in conflict herewith are hereby repealed, it being the intention hereof that the provisions of said section 10 of article 4 of the constitution as implemented by this act, shall constitute the sole law in respect to conflicts of interest involving legislators and state officers in contracts with the state or its political subdivisions.
History:
1968, Act 318, Eff. Sept. 1, 1968
Compiler's Notes:
Section 191 of Act 227 of the Public Acts of 1975 repealed MCL 4.401 to 4.410, 168.901 to 168.929, 15.321 to 15.330, 15.301 to 15.310, and 15.341 to 15.348. The Michigan Supreme Court, however, in Advisory Opinion on Constitutionality of 1975 PA 227, 396 Mich. 123, 240 N.W.2d 193 (1976), held Act 227 of the Public Acts of 1975 unconstitutional for being in violation of Mich. Const., Art. 4, § 24.
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 318 of 1968 - Conflict of Interest (15.301 - 15.310) › Section 15.310 - Effective Date.

15.310 Effective date.
Section 10.
This act shall take effect September 1, 1968.
History:
1968, Act 318, Eff. Sept. 1, 1968
Compiler's Notes:
Section 191 of Act 227 of the Public Acts of 1975 repealed MCL 4.401 to 4.410, 168.901 to 168.929, 15.321 to 15.330, 15.301 to 15.310, and 15.341 to 15.348. The Michigan Supreme Court, however, in Advisory Opinion on Constitutionality of 1975 PA 227, 396 Mich. 123, 240 N.W.2d 193 (1976), held Act 227 of the Public Acts of 1975 unconstitutional for being in violation of Mich. Const., Art. 4, § 24.
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 317 of 1968 - Contracts of Public Servants With Public Entities (15.321 - 15.330) › Section 15.321 - Public Servants, Contracts With Public Entities; Definitions.

15.321 Public servants, contracts with public entities; definitions.
Sec. 1.
As used in this act:
(a) "Public servant" includes all persons serving any public entity, except members of the legislature and state officers who are within the provisions of section 10 of article 4 of the state constitution as implemented by legislative act.
(b) "Public entity" means the state including all agencies thereof, any public body corporate within the state, including all agencies thereof, or any non-incorporated public body within the state of whatever nature, including all agencies thereof.
History:
1968, Act 317, Eff. Sept. 1, 1968
Compiler's Notes:
Section 191 of Act 227 of the Public Acts of 1975 repealed MCL 4.401 to 4.410, 168.901 to 168.929, 15.321 to 15.330, 15.301 to 15.310, and 15.341 to 15.348. The Michigan Supreme Court, however, in Advisory Opinion on Constitutionality of 1975 PA 227, 396 Mich. 123, 240 N.W.2d 193 (1976), held Act 227 of the Public Acts of 1975 unconstitutional for being in violation of Mich. Const., Art. 4, § 24.
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 317 of 1968 - Contracts of Public Servants With Public Entities (15.321 - 15.330) › Section 15.322 - Public Servant; Soliciting, Negotiating, Renegotiating, Approving, or Representing a Party to a Contract With Public Entity Prohibited.

15.322 Public servant; soliciting, negotiating, renegotiating, approving, or representing a party to a contract with public entity prohibited.
Sec. 2.
(1) Except as provided in sections 3 and 3a, a public servant shall not be a party, directly or indirectly, to any contract between himself or herself and the public entity of which he or she is an officer or employee.
(2) Except as provided in section 3, a public servant shall not directly or indirectly solicit any contract between the public entity of which he or she is an officer or employee and any of the following:
(a) Him or herself.
(b) Any firm, meaning a co-partnership or other unincorporated association, of which he or she is a partner, member, or employee.
(c) Any private corporation in which he or she is a stockholder owning more than 1% of the total outstanding stock of any class if the stock is not listed on a stock exchange, or stock with a present total market value in excess of $25,000.00 if the stock is listed on a stock exchange or of which he or she is a director, officer, or employee.
(d) Any trust of which he or she is a beneficiary or trustee.
(3) In regard to a contract described in subsection (2), a public servant shall not do either of the following:
(a) Take any part in the negotiations for such a contract or the renegotiation or amendment of the contract, or in the approval of the contract.
(b) Represent either party in the transaction.
History:
1968, Act 317, Eff. Sept. 1, 1968 ;-- Am. 1992, Act 9, Imd. Eff. Mar. 10, 1992
Compiler's Notes:
Section 191 of Act 227 of the Public Acts of 1975 repealed MCL 4.401 to 4.410, 168.901 to 168.929, 15.321 to 15.330, 15.301 to 15.310, and 15.341 to 15.348. The Michigan Supreme Court, however, in Advisory Opinion on Constitutionality of 1975 PA 227, 396 Mich. 123, 240 N.W.2d 193 (1976), held Act 227 of the Public Acts of 1975 unconstitutional for being in violation of Mich. Const., Art. 4, § 24.
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 317 of 1968 - Contracts of Public Servants With Public Entities (15.321 - 15.330) › Section 15.323a - Construction of MCL 15.322.

15.323a Construction of MCL 15.322.
Sec. 3a.
Section 2 shall not be construed to do any of the following:
(a) Prohibit public servants of a city, village, township, or county with 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 servants of a city, village, township, or county with 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.
(c) Limit the authority of the governing body of a city, village, township, or county with a population of less than 25,000 to authorize a public servant to perform, with or without compensation, other additional services for the unit of local government.
(d) Prohibit public servants of this state from purchasing at a tax sale lands returned as delinquent for taxes under the general property tax act, 1893 PA 206, MCL 211.1 to 211.155, unless otherwise prohibited by the rules of the Michigan civil service commission or the department or agency of which that public servant is an employee.
(e) Prohibit a superintendent of an intermediate school district from serving simultaneously as superintendent of a local school district, or prohibit an intermediate school district from contracting with another person to serve as superintendent of a local school district, even if the local school district is a constituent district of the intermediate school district. As used in this subdivision, "constituent district" means that term as defined in section 3 of the revised school code, 1976 PA 451, MCL 380.3.
History:
Add. 1992, Act 9, Imd. Eff. Mar. 10, 1992 ;-- Am. 1996, Act 203, Imd. Eff. May 17, 1996 ;-- Am. 2011, Act 106, Imd. Eff. July 19, 2011
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 317 of 1968 - Contracts of Public Servants With Public Entities (15.321 - 15.330) › Section 15.324 - Public Servants; Contracts Excepted; Violation as Felony.

15.324 Public servants; contracts excepted; violation as felony.
Sec. 4.
(1) The prohibitions of section 2 shall not apply to any of the following:
(a) Contracts between public entities.
(b) Contracts awarded to the lowest qualified bidder, other than a public servant, upon receipt of sealed bids pursuant to a published notice. Except as authorized by law, the notice shall not bar any qualified person, firm, corporation, or trust from bidding. This subsection shall not apply to amendments or renegotiations of a contract nor to additional payments made under a contract which were not authorized by the contract at the time of award.
(c) Contracts for public utility services where the rates are regulated by the state or federal government.
(d) Contracts to purchase residential property. A public servant of a city or village may purchase 1 to 4 parcels not less than 18 months between each purchase. This subdivision does not apply to public servants of a city or village who have been appointed or elected to their position or whose employment responsibilities include the purchase or selling of property for the city or village. This subdivision shall apply only to a city or village that has adopted an ethics ordinance which was in effect at the time the residential property was purchased.
(2) A person that violates subsection (1)(d) is guilty of a felony punishable by imprisonment for not more than 1 year or a fine of not less than $1,000.00 or more than 3 times the value of the property purchased.
History:
1968, Act 317, Eff. Sept. 1, 1968 ;-- Am. 2005, Act 198, Imd. Eff. Nov. 9, 2005
Compiler's Notes:
Section 191 of Act 227 of the Public Acts of 1975 repealed MCL 4.401 to 4.410, 168.901 to 168.929, 15.321 to 15.330, 15.301 to 15.310, and 15.341 to 15.348. The Michigan Supreme Court, however, in Advisory Opinion on Constitutionality of 1975 PA 227, 396 Mich. 123, 240 N.W.2d 193 (1976), held Act 227 of the Public Acts of 1975 unconstitutional for being in violation of Mich. Const., Art. 4, § 24.
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 317 of 1968 - Contracts of Public Servants With Public Entities (15.321 - 15.330) › Section 15.325 - Public Servants, Voidability of Contracts; Procedure, Knowledge, Limitation, Reimbursement, Settlements, Evidences of Indebtedness.

15.325 Public servants, voidability of contracts; procedure, knowledge, limitation, reimbursement, settlements, evidences of indebtedness.
Sec. 5.
(1) This act is aimed to prevent public servants from engaging in certain activities and is not intended to penalize innocent persons. Therefore, no contract shall be absolutely void by reason of this act. Contracts involving prohibited activities on the part of public servants shall be voidable only by decree of a court of proper jurisdiction in an action by the public entity, which is a party thereto, as to any person, firm, corporation or trust that entered into the contract or took any assignment thereof, with actual knowledge of the prohibited activity. In the case of the corporation, the actual knowledge must be that of a person or body finally approving the contract for the corporation. All actions to avoid any contract hereunder shall be brought within 1 year after discovery of circumstances suggesting a violation of this act. In order to meet the ends of justice any such decree shall provide for the reimbursement of any person, firm, corporation or trust for the reasonable value of all moneys, goods, materials, labor or services furnished under the contract, to the extent that the public entity has benefited thereby. This provision shall not prohibit the parties from arriving at an amicable settlement.
(2) Negotiable and nonnegotiable bonds, notes or evidences of indebtedness, whether heretofore or hereafter issued, in the hands of purchasers for value, shall not be void or voidable by reason of this act or of any previous statute, charter or rule of law.
History:
1968, Act 317, Eff. Sept. 1, 1968
Compiler's Notes:
Section 191 of Act 227 of the Public Acts of 1975 repealed MCL 4.401 to 4.410, 168.901 to 168.929, 15.321 to 15.330, 15.301 to 15.310, and 15.341 to 15.348. The Michigan Supreme Court, however, in Advisory Opinion on Constitutionality of 1975 PA 227, 396 Mich. 123, 240 N.W.2d 193 (1976), held Act 227 of the Public Acts of 1975 unconstitutional for being in violation of Mich. Const., Art. 4, § 24.
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 317 of 1968 - Contracts of Public Servants With Public Entities (15.321 - 15.330) › Section 15.326 - Public Servants, Validity of Existing Contracts.

15.326 Public servants, validity of existing contracts.
Sec. 6.
If any public entity has, prior to the effective date of this act, entered into any contract under which moneys, goods, materials, labor or services have been actually received by the public entity, which was void or voidable under any act, charter or rule of law because of a conflict of interest on the part of a public servant at the time of the execution thereof, such contract shall be fully enforceable notwithstanding such conflict of interest, by any party thereto other than such public servant.
History:
1968, Act 317, Eff. Sept. 1, 1968
Compiler's Notes:
Section 191 of Act 227 of the Public Acts of 1975 repealed MCL 4.401 to 4.410, 168.901 to 168.929, 15.321 to 15.330, 15.301 to 15.310, and 15.341 to 15.348. The Michigan Supreme Court, however, in Advisory Opinion on Constitutionality of 1975 PA 227, 396 Mich. 123, 240 N.W.2d 193 (1976), held Act 227 of the Public Acts of 1975 unconstitutional for being in violation of Mich. Const., Art. 4, § 24.
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 317 of 1968 - Contracts of Public Servants With Public Entities (15.321 - 15.330) › Section 15.327 - Penalty for Violation.

15.327 Penalty for violation.
Sec. 7.
Any person violating the provisions of this act is guilty of a misdemeanor.
History:
1968, Act 317, Eff. Sept. 1, 1968
Compiler's Notes:
Section 191 of Act 227 of the Public Acts of 1975 repealed MCL 4.401 to 4.410, 168.901 to 168.929, 15.321 to 15.330, 15.301 to 15.310, and 15.341 to 15.348. The Michigan Supreme Court, however, in Advisory Opinion on Constitutionality of 1975 PA 227, 396 Mich. 123, 240 N.W.2d 193 (1976), held Act 227 of the Public Acts of 1975 unconstitutional for being in violation of Mich. Const., Art. 4, § 24.
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 317 of 1968 - Contracts of Public Servants With Public Entities (15.321 - 15.330) › Section 15.328 - Other Laws Superseded; Local Ordinances.

15.328 Other laws superseded; local ordinances.
Sec. 8.
It is the intention that this act shall constitute the sole law in this state and shall supersede all other acts in respect to conflicts of interest relative to public contracts, involving public servants other than members of the legislature and state officers, including but not limited to section 30 of 1851 PA 156, MCL 46.30. This act does not prohibit a unit of local government from adopting an ordinance or enforcing an existing ordinance relating to conflict of interest in subjects other than public contracts involving public servants.
History:
1968, Act 317, Eff. Sept. 1, 1968 ;-- Am. 1997, Act 145, Eff. Mar. 2, 1998
Compiler's Notes:
Section 191 of Act 227 of the Public Acts of 1975 repealed MCL 4.401 to 4.410, 168.901 to 168.929, 15.321 to 15.330, 15.301 to 15.310, and 15.341 to 15.348. The Michigan Supreme Court, however, in Advisory Opinion on Constitutionality of 1975 PA 227, 396 Mich. 123, 240 N.W.2d 193 (1976), held Act 227 of the Public Acts of 1975 unconstitutional for being in violation of Mich. Const., Art. 4, § 24.
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 317 of 1968 - Contracts of Public Servants With Public Entities (15.321 - 15.330) › Section 15.329 - Repeal.

15.329 Repeal.
Sec. 9.
The following acts and parts of acts are repealed:
Year of act
Public Act No.
Section numbers
Compiled Law sections (1948)
1895
3
6 of chapter 5
65.6
1895
215
16 of chapter 8
88.16
1931
328
122
750.122
1955
269
969
340.969
1966
317
15.161 to 15.172
History:
1968, Act 317, Eff. Sept. 1, 1968
Compiler's Notes:
Section 191 of Act 227 of the Public Acts of 1975 repealed MCL 4.401 to 4.410, 168.901 to 168.929, 15.321 to 15.330, 15.301 to 15.310, and 15.341 to 15.348. The Michigan Supreme Court, however, in Advisory Opinion on Constitutionality of 1975 PA 227, 396 Mich. 123, 240 N.W.2d 193 (1976), held Act 227 of the Public Acts of 1975 unconstitutional for being in violation of Mich. Const., Art. 4, § 24.
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 317 of 1968 - Contracts of Public Servants With Public Entities (15.321 - 15.330) › Section 15.330 - Effective Date.

15.330 Effective date.
Sec. 10.
This act shall take effect September 1, 1968.
History:
1968, Act 317, Eff. Sept. 1, 1968
Compiler's Notes:
Section 191 of Act 227 of the Public Acts of 1975 repealed MCL 4.401 to 4.410, 168.901 to 168.929, 15.321 to 15.330, 15.301 to 15.310, and 15.341 to 15.348. The Michigan Supreme Court, however, in Advisory Opinion on Constitutionality of 1975 PA 227, 396 Mich. 123, 240 N.W.2d 193 (1976), held Act 227 of the Public Acts of 1975 unconstitutional for being in violation of Mich. Const., Art. 4, § 24.
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 196 of 1973 - Standards of Conduct for Public Officers and Employees (15.341 - 15.348) › Section 15.341 - Definitions.

15.341 Definitions.
Sec. 1.
As used in this act:
(a) "Board" means the board of ethics.
(b) "Employee" means an employee, classified or unclassified, of the executive branch of this state. For the purpose of section 2b, employee shall include an employee of this state or a political subdivision of this state.
(c) "Public officer" means a person appointed by the governor or another executive department official. For the purpose of section 2b, public officer shall include an elected or appointed official of this state or a political subdivision of this state.
(d) "Unethical conduct" means a violation of the standards in section 2.
History:
1973, Act 196, Imd. Eff. Jan. 8, 1974 ;-- Am. 1980, Act 481, Eff. Mar. 31, 1981
Compiler's Notes:
Section 191 of Act 227 of the Public Acts of 1975 repealed MCL 4.401 to 4.410, 168.901 to 168.929, 15.321 to 15.330, 15.301 to 15.310, and 15.341 to 15.348. The Michigan Supreme Court, however, in Advisory Opinion on Constitutionality of 1975 PA 227, 396 Mich. 123, 240 N.W.2d 193 (1976), held Act 227 of the Public Acts of 1975 unconstitutional for being in violation of Mich. Const., Art. 4, § 24.
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 196 of 1973 - Standards of Conduct for Public Officers and Employees (15.341 - 15.348) › Section 15.342b - Report of Violation; Applicability of Sanctions; Civil Fine.

15.342b Report of violation; applicability of sanctions; civil fine.
Sec. 2b.
(1) A public officer or employee who has knowledge that another public officer or employee has violated section 2 may report the existence of the violation to a supervisor, person, agency, or organization. A public officer or employee who reports or is about to report a violation of section 2 shall not be subject to any of the following sanctions because they reported or were about to report a violation of section 2.
(a) Dismissal from employment or office.
(b) Withholding of salary increases that are ordinarily forthcoming to the employee.
(c) Withholding of promotions that are ordinarily forthcoming to the employee.
(d) Demotion in employment status.
(e) Transfer of employment location.
(2) Whenever a public officer or employee who has reported or who intends to report a violation of section 2 may be subject to any of the sanctions under this section for reasons other than the public officer's or employee's actions in reporting or intending to report a violation of section 2, the appointing or supervisory authority before the imposition of a sanction shall establish by a preponderance of evidence that the sanction to be imposed is not imposed because the public officer or employee reported or intended to report a violation of section 2.
(3) A person who violates this section is liable for a civil fine of not more than $500.00.
(4) A civil fine recovered under this section shall be submitted to the state treasurer for deposit in the general fund of this state.
History:
Add. 1978, Act 352, Imd. Eff. July 12, 1978 ;-- Am. 1980, Act 481, Eff. Mar. 31, 1981
Compiler's Notes:
Section 191 of Act 227 of the Public Acts of 1975 repealed MCL 4.401 to 4.410, 168.901 to 168.929, 15.321 to 15.330, 15.301 to 15.310, and 15.341 to 15.348. The Michigan Supreme Court, however, in Advisory Opinion on Constitutionality of 1975 PA 227, 396 Mich. 123, 240 N.W.2d 193 (1976), held Act 227 of the Public Acts of 1975 unconstitutional for being in violation of Mich. Const., Art. 4, § 24.
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 196 of 1973 - Standards of Conduct for Public Officers and Employees (15.341 - 15.348) › Section 15.342c - Civil Action; Commencement of Action; “Damages” Defined.

15.342c Civil action; commencement of action; “damages” defined.
Sec. 2c.
(1) A person who alleges a violation of section 2b may bring a civil action for appropriate injunctive relief, or actual damages, or both within 90 days after the occurrence of the alleged violation of this act.
(2) An action commenced pursuant to subsection (1) may be brought in the circuit court for the county where the alleged violation occurred, the county where the complainant resides, or the county where the person against whom the civil complaint is filed resides.
(3) As used in subsection (1), "damages" means damages for injury or loss caused by each violation of section 2b, including reasonable attorney fees.
History:
Add. 1980, Act 481, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 196 of 1973 - Standards of Conduct for Public Officers and Employees (15.341 - 15.348) › Section 15.342d - Court Order; Costs.

15.342d Court order; costs.
Sec. 2d.
A court, in rendering a judgment in an action brought pursuant to section 2b, shall order, as the court considers appropriate, reinstatement of the employee, the payment of back wages, full reinstatement of fringe benefits and seniority rights, actual damages, or any combination of these remedies. A court may also award the complainant all or a portion of the costs of litigation, including reasonable attorney fees and witness fees, if the court determines that the award is appropriate.
History:
Add. 1980, Act 481, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 196 of 1973 - Standards of Conduct for Public Officers and Employees (15.341 - 15.348) › Section 15.342e - Posting Notices of Protections and Obligations.

15.342e Posting notices of protections and obligations.
Sec. 2e.
An employer shall post notices and use other appropriate means to keep his or her employees informed of their protections and obligations under this act.
History:
Add. 1980, Act 481, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 196 of 1973 - Standards of Conduct for Public Officers and Employees (15.341 - 15.348) › Section 15.343 - Board of Ethics; Creation; Function.

15.343 Board of ethics; creation; function.
Sec. 3.
(1) There is hereby created within the executive office of the governor a board of ethics.
(2) The function of the board shall be advisory and investigatory and the board is not empowered to take direct action against any person or agency.
History:
1973, Act 196, Imd. Eff. Jan. 8, 1974
Compiler's Notes:
Section 191 of Act 227 of the Public Acts of 1975 repealed MCL 4.401 to 4.410, 168.901 to 168.929, 15.321 to 15.330, 15.301 to 15.310, and 15.341 to 15.348. The Michigan Supreme Court, however, in Advisory Opinion on Constitutionality of 1975 PA 227, 396 Mich. 123, 240 N.W.2d 193 (1976), held Act 227 of the Public Acts of 1975 unconstitutional for being in violation of Mich. Const., Art. 4, § 24.