Michigan Compiled Laws

Mich. Comp. Laws § 15.322 (2026)

Public servant; soliciting, negotiating, renegotiating, approving, or representing a party to a contract with public entity prohibited.

✓ current as of July 2026
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CONTRACTS OF PUBLIC SERVANTS WITH PUBLIC ENTITIES


Act 317 of 1968


15.322 Public servant; soliciting, negotiating, renegotiating, approving, or representing a party to a contract with public entity prohibited.

Sec. 2.

    (1) Except as provided in sections 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:

    (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.

History: 1968, Act 317, Eff. Sept. 1, 1968 ;-- Am. 1992, Act 9, Imd. Eff. Mar. 10, 1992

Compiler's Notes:

    Section 191 of Act 227 of the Public Acts of 1975 repealed MCL 4.401 to 4.410, 168.901 to 168.929, 15.321 to 15.330, 15.301 to 15.310, and 15.341 to 15.348. The Michigan Supreme Court, however, in Advisory Opinion on Constitutionality of 1975 PA 227, 396 Mich. 123, 240 N.W.2d 193 (1976), held Act 227 of the Public Acts of 1975 unconstitutional for being in violation of Mich. Const., Art. 4, § 24.

Notes of Decisions
Cited in 3 cases, 1976–2012 · leading case: Redmond v. Worthinton, 878 F. Supp. 2d 822 (E.D. Mich. 2012).
Redmond v. Worthinton, 878 F. Supp. 2d 822 (E.D. Mich. 2012). · cites it 14× “Mich. Comp. Laws § 15.322 . Violation of the statute is a misdemeanor.”
Detroit Area Agency on Aging v. Off. of Servs. to the Aging, 534 N.W.2d 229 (Mich. Ct. App. 1995). “638(54)(2) and MCL 15.322(1); MSA 4.1700(52X1). Addressing defendants’ third argument, we conclude that plaintiff had no standing to bring an action before the trial court pursuant to the state ethics act.”
Elieff v. Marquardt, 244 N.W.2d 624 (Mich. Ct. App. 1976). “Because plaintiff specifically disavows the applicability of a newer statute, MCLA 15.322, MSA 4.1700(52), and because we have a substantial doubt that the statute would prohibit this particular conduct, 3 we refrain from voiding the easement agreements on any other statutory…”
— Mich. Comp. Laws § 15.322(1) — 1 case
Detroit Area Agency on Aging v. Off. of Servs. to the Aging, 534 N.W.2d 229 (Mich. Ct. App. 1995). “638(54)(2) and MCL 15.322(1); MSA 4.1700(52X1). Addressing defendants’ third argument, we conclude that plaintiff had no standing to bring an action before the trial court pursuant to the state ethics act.”
— Mich. Comp. Laws § 15.322(2)(b) — 1 case
Redmond v. Worthinton, 878 F. Supp. 2d 822 (E.D. Mich. 2012). “Mich. Comp. Laws § 15.322 . Violation of the statute is a misdemeanor.”
— Mich. Comp. Laws § 15.322(3)(b) — 1 case
Redmond v. Worthinton, 878 F. Supp. 2d 822 (E.D. Mich. 2012). “Mich. Comp. Laws § 15.322 . Violation of the statute is a misdemeanor.”
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