Michigan Laws 15.322 – Public servant; soliciting, negotiating, renegotiating, approving, or representing a party to a contract with public entity prohibited
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(1) Except as provided in section 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:
Terms Used In Michigan Laws 15.322
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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. See Michigan Laws 15.321
- 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. See Michigan Laws 15.321
- Trustee: A person or institution holding and administering property in trust.
(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.