Michigan Compiled Laws

Mich. Comp. Laws § 141.440 (2026)

Violation; filing; report; review and action by attorney general; civil action for recovery of funds and public property.

✓ current as of July 2026

Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

UNIFORM BUDGETING AND ACCOUNTING ACT

Act 2 of 1968

141.440 Violation; filing; report; review and action by attorney general; civil action for recovery of funds and public property.

Sec. 20.

A violation of sections 17 to 19 by the chief administrative officer, an administrative officer, employee, or member of the legislative body of the local unit disclosed in an audit of the financial records and accounts of the local unit in the absence of reasonable procedures in use by the local unit to detect such violations shall be filed with the state treasurer and reported by the state treasurer to the attorney general. For local and intermediate school districts, the report of a violation shall be filed with the state superintendent of public instruction instead of the state treasurer. The attorney general shall review the report and initiate appropriate action against the chief administrative officer, fiscal officer, administrative officer, employee, or member of the legislative body. For the use and benefit of the local unit, the attorney general or prosecuting attorney may institute a civil action in a court of competent jurisdiction for the recovery of funds of a local unit, disclosed by an examination to have been illegally expended or collected as a result of malfeasance and not accounted for as provided in sections 17 to 19, and for the recovery of public property disclosed to have been converted or misappropriated.

History: Add. 1978, Act 621, Eff. Apr. 1, 1980 ;-- Am. 2000, Act 493, Imd. Eff. Jan. 11, 2001

Notes of Decisions

Cited in 6 cases, 1984–2005 · leading case: 46th Circuit Trial Court v. Crawford Cnty., 702 N.W.2d 588 (Mich. Ct. App. 2005).

Sort: Relevance Newest Treatment

46th Circuit Trial Court v. Crawford Cnty., 702 N.W.2d 588 (Mich. Ct. App. 2005). · cites it 2× “[54] MCL 141.440. [55] The Counties voluntarily dismissed these claims in their entirety on the first day of trial when they could find no other grounds upon which to base their claims.”

Detroit City Council v. Mayor of Detroit, 537 N.W.2d 177 (Mich. 1995). · cites it 2× “See MCL 141.440; MSA 5.3228(40). See also Rayford v Detroit, 132 Mich App 248 ; 347 NW2d 210 (1984).”

Rayford v. City of Detroit, 347 N.W.2d 210 (Mich. Ct. App. 1984). “For the use and benefit of the local unit, the attorney general or prosecuting attorney may institute a civil action in a court of competent jurisdiction for the recovery of funds of a local unit, disclosed by an examination to have been illegally expended or collected as a…”

Mercado v. Kingsley Area Schs./Traverse City Pub. Schs. Adult Educ. Consortium, 727 F. Supp. 335 (W.D. Mich. 1989). “§ 141.440. This statute requires that deviations from a city’s original budget be approved by the city council, since it requires that the budget be amended to reflect the deviations.”

Detroit City Council v. Stecher, 396 N.W.2d 444 (Mich. Ct. App. 1986). “The fiscal officer’s duties to implement charter amendments are derived by implication from the nature of his office and from the duties imposed by the city charter.”

Detroit Fire Fighters Ass'n v. City of Detroit, 501 N.W.2d 202 (Mich. Ct. App. 1993). · cites it 2× “MCL 141.440; MSA 5.3228(40). We stated that the purpose of the UBAA is to promote uniform budgets and to avoid deficit spending, not to afford security of employment.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.