HOUSE BILL NO. 4686
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 sections 5 and 6 (MCL 15.345 and 15.346).
the people of the state of michigan enact:
Sec. 5. (1) The board shall do all of the following:
(a) Receive complaints concerning alleged unethical conduct by a public officer or employee from any person or entity, inquire into the circumstances surrounding the alleged unethical conduct, and make recommendations concerning individual cases to the appointing authority with supervisory responsibility for the person whose activities have been investigated. All departments of state government shall cooperate with the board of ethics in the conduct of its investigations.
(b) Initiate investigations of practices that could affect ethical conduct of a public officer or employee.
(c) Hold public hearings.
(d) Administer oaths and receive sworn testimony.
(e) Issue and publish advisory opinions upon request from a public officer or employee or their the public officer's or employee's appointing or supervisory authority relating to matters affecting ethical conduct of a public officer or employee.
(f) Perform the duties prescribed to it under the state officer financial disclosure act.
(2) In the issuance of investigative reports and recommendations and advisory opinions, the board shall be advised as to legal matters by the attorney general.
(3) When If the board makes a recommendation to an appointing authority is made by the board which that affects a classified employee, the appointing authority shall initiate appropriate proceedings in accordance with such the recommendation and pursuant to the rules of the civil service commission.
(4) When If the board makes a recommendation to an appointing authority is made by the board concerning that affects an unclassified employee or appointee, the appointing authority shall take appropriate disciplinary action, which may include dismissal.
Sec. 6. The board may promulgate rules governing its own procedures pursuant to Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.315 of the Michigan Compiled Laws. For a period of 1 year following the effective date of this act the board shall have full authority to exercise all of its functions in accordance with temporary rules of procedure promulgated by the board. Both the temporary and permanent the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. The rules of the board shall provide that:for all of the following:
(a) The board may request the attendance of any witness whose testimony, in the judgment of as determined by the board, will aid in the conduct of its investigations.
(b) A person appearing before the board shall submit either sworn or unsworn testimony, as determined by the board, may decide and may at all times be represented and accompanied by counsel.
(c) A record of testimony taken before the board or a hearing officer designated by it shall must be made in the manner prescribed by the board.
(d) Except as otherwise provided in this subdivision, a meeting or hearing held by the board must be open to the public. The board may , when it appears necessary for the protection of individual rights, hold its meetings and hearings a meeting or hearing in private . All other meetings and hearings shall be open to the public.under either of the following circumstances.
(i) If it appears necessary for the protection of individual rights.
(ii) If the board is performing its duties as described in section 5(1)(f).
Enacting section 1. This amendatory act takes effect January 1, 2022.
Enacting section 2. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 4685 (request no. 01701'21 *) of the 101st Legislature is enacted into law.