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Board of Ethics Poster

STATE OF MICHIGAN

STATE ETHICS ACT

STANDARDS OF CONDUCT FOR PUBLIC OFFICERS AND EMPLOYEES

The State Ethics Act prohibits unethical conduct by public officers and employees. The Act also establishes a State Board of Ethics and specifies its jurisdiction and duties.

WHAT IS UNETHICAL CONDUCT?
The State Ethics Act defines unethical conduct as a violation of one or more of seven standards:
  1. A public officer or employee shall not divulge to an unauthorized person, confidential information acquired in the course of employment in advance of the time prescribed for its authorized release to the public.
  2. A public officer or employee shall not represent his or her personal opinion as that of an agency.
  3. A public officer or employee shall use personnel resources, property, and funds under the officer or employee's official care and control judiciously and solely in accordance with prescribed constitutional, statutory, and regulatory procedures and not for personal gain or benefit.
  4. A public officer or employee shall not solicit or accept a gift or loan of money, goods, services, or other thing of value for the benefit of a person or organization, other than the state, which tends to influence the manner in which the public officer or employee or another public officer or employee performs official duties.
  5. A public officer or employee shall not engage in a business transaction in which the public officer or employee may profit from his or her official position or authority or benefit financially from confidential information which the public officer or employee has obtained or may obtain by reason of that position or authority. Instruction which is not done during regularly scheduled working hours except for annual leave or vacation time shall not be considered a business transaction pursuant to this subsection if the instructor does not have any direct dealing with or influence on the employing or contracting facility associated with his or her course of employment with this state.
  6. Except as provided in section 2a, a public officer or employee shall not engage in or accept employment or render services for a private or public interest when that employment or service is incompatible or in conflict with the discharge of the officer or employee's official duties or when that employment may tend to impair his or her independence of judgment or action in the performance of official duties.
  7. Except as provided in section 2a, a public officer or employee shall not participate in the negotiation or execution of contracts, making of loans, granting of subsidies, fixing of rates, issuance of permits or certificates, or other regulation or supervision relating to a business entity in which the public officer or employee has a financial or personal interest.
TO WHOM DOES THE ACT APPLY?
The State Ethics Act applies to public officers and employees of state government. Employees are defined as an employee, classified or unclassified, of the executive branch of this state. Public officers are defined as a person appointed by the governor or another executive department official. The Act does NOT apply to persons in the legislative or judicial branches, to elected persons in the executive branch, or to other public governmental entities.

WHAT DOES THE STATE BOARD OF ETHICS DO?
The board receives complaints concerning alleged unethical conduct by a public officer or employee from any person or entity, inquires into the circumstances surrounding the alleged unethical conduct, and makes recommendations concerning individual cases to the appointing authority with supervisory responsibility for the person whose activities have been investigated. The board also initiates investigations of practices that could affect ethical conduct of a public officer or employee. The board issues and publishes advisory opinions upon request from a public officer or employee or their appointing or supervisory authority relating to matters affecting ethical conduct of a public officer or employee.

For additional information regarding the Board's Rules of Practice and Procedure or to obtain a complaint form contact:
Executive Secretary
State Board of Ethics
P.O. Box 30002
Lansing, Michigan 48909

e-mail:ethicsboard@michigan.gov
Phone: (517) 373-3644

or visit: www.michigan.gov/mdcs.

Note: Section 2e of the Act requires departmental employers to post notices and use other appropriate means to keep employees informed of their protections and obligations under the Act.
Act 196 of 1973, as amended; MCL 15.341 et seq: MSA 4.1700(71) et seq.
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