Michigan.gov Home |  | SOAHR Home | Site Map | Contact SOAHR

                                 EXECUTIVE OFFICE

                                  BOARD OF ETHICS

                              PRACTICE AND PROCEDURE

    (By authority conferred on the board of ethics by section 6 of Act No. 196
    of the Public Acts of 1973, being S15.346 of the Michigan  Compiled  Laws)

    R  15.1   Definitions.
      Rule 1. (1) "Act" means Act No. 196 of the Public Acts  of  1973,  being
    SS15.341 to 15.348 of the Michigan Compiled Laws. Terms defined in the act
    have the same meanings when used in these rules.
      (2) "Advisory opinion" means an opinion  of  the  board  concerning  the
    possible unethical conduct of the person requesting  the  opinion  or  the
    possible unethical conduct of an employee or public officer working  under
    the jurisdiction or supervision of the person requesting the opinion.
      (3) "Complaint" means a written document charging a  public  officer  or
    employee with a violation of the act.
      (4) "Complaint decision" means a determination of unethical conduct by a
    public officer or employee made by the board on the complaint of a  person
    or entity.
      (5) "Executive  secretary"  means  the  person  designated  as  such  in
    accordance with subsection (3) of section 4 of the act.

      History:  1954 ACS 93, Eff. Nov. 15, 1977; 1979 AC.

    R  15.2   Complaints and answers.
      Rule 2. (1) The complaint shall be in writing and acknowledged before  a
    person authorized to administer oaths. The complainant shall certify  that
    he or she has read the complaint and knows its contents, and that the same
    is true of his or her own knowledge, except as to those matters stated  to
    be on the information and belief, and as to those, he or she believes them
    to  be  true.  All  sworn  complaints  shall  include  evidentiary   facts
    supporting the allegations contained in the complaint. Failure to  provide
    supporting  evidence  may  result  in  administrative  rejection  of   the
    complaint by the chairperson of the board of ethics.
      (2) A complaint shall be filed at the board office  with  the  executive
    secretary, who shall serve  a  copy  of  the  complaint  upon  the  person
    charged.
      (3) Within 15 days after service of the complaint upon  the  respondent,
    he or she shall file his or her written verified answer with the executive
    secretary, who shall serve a copy upon the complainant.
      (4) Upon expiration of the  time  provided  for  answer,  the  executive
    secretary shall present the complaint and answer  to  the  board  for  its
    consideration at its  next  scheduled  meeting.  Upon  presentation  of  a
    complaint and answer, the board may  direct  the  executive  secretary  or
    attorney general to make inquiry as to any  factual  allegations  therein.
    The results of the inquiry are confidential until revealed by  the  board.

      History:  1954 ACS 93, Eff. Nov. 15, 1977; 1979  AC;  1985  MR  8,  Eff.
    Sept. 7, 1985.

    R  15.3   Probable cause.
      Rule 3. (1) At any time, the board may determine on its  own  initiative
    that it lacks jurisdiction or that there is no probable cause  to  believe
    that a violation has occurred or is occurring, and dismiss  the  complaint
    stating the reasons in its order. The executive secretary  shall  transmit
    copies of the dismissal order to the complainant, the respondent, and such
    other persons as the board directs.
      (2) If the board determines that probable cause exists to believe that a
    violation has occurred or is occurring and that a substantial question  of
    fact has been presented,  it  shall  schedule  a  public  hearing  on  the
    complaint.

      History:  1954 ACS 93, Eff. Nov. 15, 1977; 1979 AC.

    R  15.4   Notice of public hearing.
      Rule 4. Not less than 30 days before the date of the public hearing, the
    executive secretary shall notify, by certified mail, the complainant,  the
    respondent, the appointing authority of the  respondent,  and  such  other
    persons as the board may direct. The notice shall state the  time,  place,
    and date of the hearing and shall set forth:
      (a) The provision of the act claimed to have been violated.
      (b) The nature of the conduct alleged to constitute a violation.
      (c) The name and position of the complainant.
      (d) A statement that the hearing will be public, that the parties may be
    represented by counsel, that the parties may present witnesses,  that  all
    witnesses may be sworn and subjected to  cross-examination  and  that  the
    board may request the attendance of  witnesses  whose  testimony,  in  the
    judgment of the board, will aid in the conduct of the investigation.

      History:  1954 ACS 93, Eff. Nov. 15, 1977; 1979 AC.

    R  15.5   Advisory opinions.
      Rule 5. (1) A request for an advisory opinion  shall  be  filed  at  the
    board office with the executive secretary who  shall  present  it  to  the
    board for consideration  at  its  next  scheduled  meeting.  Requests  for
    advisory opinions need not be verified.
      (2) Upon presentation of a request, the board may direct  the  executive
    secretary or attorney general  to  make  inquiry  as  to  any  information
    therein. The results of the inquiry are confidential until revealed by the
    board.
      (3) At its discretion, the board may schedule  a  public  hearing  on  a
    matter raised in a request for an advisory opinion.

      History:  1954 ACS 93, Eff. Nov. 15, 1977; 1979 AC.

    R  15.6   Investigations by the board.
      Rule 6. (1) On its own initiative, the board may  direct  the  executive
    secretary  or  request  the  attorney  general   to   make   an   informal
    investigation of any practice that  could  affect  ethical  conduct  of  a
    public official or employee. The investigation and its results  shall  not
    be disclosed except to the board and the persons making the  investigation
    shall  take   all   actions   reasonably   necessary   to   maintain   the
    confidentiality of the investigation.
      (2) Upon completion of the investigation, if the board  determines  that
    there is reasonable cause to  conclude  that  the  practice  could  affect
    ethical conduct of a public  officer  or  employee  and  that  substantial
    factual matters are in dispute, it shall schedule a public hearing on  the
    practice. The executive secretary shall send notices of the hearing to all
    those determined by the board to be parties  in  interest.  If  the  board
    determines that there  is  no  reasonable  ground  to  conclude  that  the
    practice  could  affect  ethical   conduct,   it   shall   terminate   the
    investigation and the executive secretary shall give prompt written notice
    of the termination to all persons of whom inquiry was made. The board  may
    issue a report of its actions.

      History:  1954 ACS 93, Eff. Nov. 15, 1977; 1979 AC.

    R  15.7   Hearings.
      Rule 7. (1) Hearings may be held before the entire board,  before  1  or
    more designated voting members of the board, or before a  hearing  officer
    designated to conduct the hearings. The chairperson of the board,  or,  in
    his or her absence, the members of the board, shall  appoint  the  hearing
    officer or presiding officer. A member of the board,  a  hearing  officer,
    agent, or employee of the board shall not have direct or indirect ex parte
    communication with any person in connection with any issue involved  in  a
    scheduled hearing except with other members of the board or its agents  or
    employees.
      (2) The presiding or hearing officer shall:
      (a) Regulate the conduct of a hearing.
      (b) Administer oaths.
      (c) Request the attendance and testimony of witnesses and the production
    of books, papers, and other documentary evidence.
      (d) Fix the time and form for the submission of evidence or argument.
      (e) Adjourn a hearing for good cause to such time, date,  and  place  as
    the officer determines to be appropriate.
      (3) The rules of evidence applicable in the courts of the state need not
    be applied strictly in any hearing. At the conclusion of the hearing,  the
    presiding or hearing officer may request additional  evidence  or  written
    argument concerning the subject matter to be submitted  within  such  time
    and form as he or she directs. The additional evidence or  argument  shall
    be disclosed to all interested parties.
      (4) The complainant, the person requesting an advisory opinion,  or  the
    attorney general, as determined by the board, shall  have  the  burden  of
    proving the alleged unethical conduct. The respondent shall have the right
    to be present, to be represented by counsel, to testify,  to  produce  and
    examine witnesses, to cross-examine adverse witnesses,  and  to  introduce
    such other evidence as may be material and relevant to the issues.
      (5) All proceedings shall be recorded,  but  need  not  be  transcribed,
    unless requested by the board or a party. The board  shall  determine  the
    amount and source of payment for the transcript. The board  shall  prepare
    an official record of such hearings, which shall  include  the  notice  of
    hearing and all documents considered by the board and may also  include  a
    transcript of evidence presented at the hearing.

      History:  1954 ACS 93, Eff. Nov. 15, 1977; 1979  AC;  1985  MR  8,  Eff.
    Sept. 7, 1985.

    R  15.8   Complaint decisions and advisory opinions.
      Rule 8. (1) If the board finds from a preponderance of the evidence that
    a violation of the act has occurred or  is  occurring,  if  the  case  was
    initiated by a complaint or by investigation  of  the  board  on  its  own
    initiative, the board shall issue a written complaint decision  specifying
    its recommended action; or if the case was initiated by a request  for  an
    advisory opinion, the board shall issue an  advisory  opinion.  The  board
    shall transmit a copy of the complaint decision or advisory opinion to the
    person whose conduct is involved,  to  the  appointing  authority  of  the
    person whose conduct is involved, to the person  requesting  the  advisory
    opinion, and to such other persons as the board deems appropriate.
      (2) If the board finds that a violation of the act has not  occurred  or
    is not occurring, it shall issue an opinion to that effect and dismiss the
    complaint or terminate the investigation. The board shall transmit a  copy
    of the advisory opinion and order  of  dismissal  or  termination  to  all
    parties and to such other persons as the board  deems  appropriate.  After
    the determination  and  for  the  protection  of  individual  rights,  the
    executive secretary, at the direction of  the  board,  shall  suppress  or
    expunge all records  and  files  concerning  any  dismissed  complaint  or
    terminated investigation.
      (3) The board  shall  publish  its  decisions  and  opinions,  including
    dissents, and make them available for public inspection at its office  and
    the state libraries.

      History:  1954 ACS 93, Eff. Nov. 15, 1977; 1979 AC.

    R  15.9   Meetings of board.
      Rule 9. (1) The board shall hold regular meetings not less than 4  times
    a year and such additional meetings as it deems necessary. All meetings of
    the board are open to the public, except that the board may  hold  closed,
    deliberative sessions when authorized by Act No. 267 of the Public Acts of
    1976, as amended, being S15.261 of the Michigan Compiled Laws,  and  when,
    in the opinion of a majority  of  the  board,  it  is  necessary  for  the
    protection of individual rights.
      (2) The chairperson shall preside at all meetings. In the absence of the
    chairperson, the members of the board present at any meeting  in  which  a
    quorum is present shall designate a temporary chairperson to preside.  The
    executive secretary shall record the minutes of  all  meetings  and  shall
    keep journals thereof. Minutes of closed, deliberative sessions  shall  be
    kept in a separate  journal.  The  executive  secretary  shall  distribute
    minutes of all public meetings to each member of the board and shall  make
    them available to the public.  The  executive  secretary  shall  stamp  as
    confidential each page of the minutes of closed, deliberative sessions and
    distribute them only to the members of the board.

      History:  1954 ACS 93, Eff. Nov. 15, 1977; 1979  AC;  1985  MR  8,  Eff.
    Sept. 7, 1985.

    R  15.10   Witnesses; fees.
      Rule 10. Persons attending a meeting or hearing at the  request  of  the
    board and any witness called by  the  respondent  have  the  right  to  be
    accompanied and represented at  all  times  by  legal  counsel.  Witnesses
    called by the board are entitled to the  fees  allowed  witnesses  in  the
    circuit court.

      History:  1954 ACS 93, Eff. Nov. 15, 1977; 1979 AC.

Michigan.gov Home | SOAHR Home | State Web Sites Privacy Policy | Link Policy | Accessibility Policy | Security Policy Copyright © 2005 State of Michigan