Michigan Laws 15.483 – Board member; duties; prohibited conduct
Current as of: 2024 | Check for updates
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Terms Used In Michigan Laws 15.483
- Board: means a board, commission, committee, or subcommittee in the department that has authority in regulatory actions concerning private individuals or entities. See Michigan Laws 15.481
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the department of licensing and regulatory affairs. See Michigan Laws 15.481
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Immediate family member: means a grandparent, parent, parent-in-law, stepparent, sibling, spouse, child, or stepchild. See Michigan Laws 15.481
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) A board member shall do all of the following:
(a) Disclose to the board and the director of the department any pecuniary, contractual, business, employment, or personal interest that the board member may have in a contract, grant, loan, or a regulatory, enforcement, or disciplinary matter before the board. Disclosure is also required if a spouse, child, or stepchild of a board member is a director, officer, direct or indirect shareholder, or employee of an entity under consideration for a contract, grant, or loan or is the subject of a regulatory, enforcement, or disciplinary action before the board. A board member shall make a written disclosure of the conflict to the board unless the board member verbally discloses the conflict at a meeting of the board and the disclosure is included in the official minutes of the meeting.
(b) Refrain from participating in any discussion, directly or indirectly, with other board members regarding a matter before the board if the board member has a direct or indirect interest described in subdivision (a).
(c) Abstain from voting on any motion or resolution relating to a matter in which the board member has a direct or indirect interest described in subdivision (a).
(d) Use state resources, property, and funds under the board member’s official care and control judiciously and solely in accordance with prescribed constitutional, statutory, and regulatory procedures and not for personal gain or benefit.
(2) A board member shall refrain from all of the following:
(a) Divulging to an unauthorized person any confidential information acquired in the course of the member’s service on the board before the time prescribed or authorized for release to the public.
(b) Representing his or her personal opinion as that of the board or the department.
(c) Soliciting or accepting a gift or loan of money, goods, services, or other thing of value for the benefit of a person or organization other than this state that could reasonably be expected to influence the manner in which the board member performs official duties.
(d) Engaging in a business transaction in which the board member may profit from his or her official position or authority as a board member or benefit financially from confidential information that the board member obtained or may obtain incident to the board membership.
(e) Rendering services for a private or public interest if that service is incompatible or in conflict with the discharge of the board member’s official duties at the time the services are rendered.
(f) Participating in his or her official capacity as a board member in negotiating or executing contracts, making loans, granting subsidies, fixing rates, issuing permits or certificates, or other regulation or supervision relating to a business entity in which the board member or an immediate family member of the board member has a pecuniary or personal interest, other than a 2% or smaller interest in a publicly traded company.