Mich. Comp. Laws » Michigan Compiled Laws / Chapter 15 / Act 196 of 1973
Michigan Compiled Laws

Mich. Comp. Laws § 15.342 (2026)

Public officer or employee; prohibited conduct.

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STANDARDS OF CONDUCT FOR PUBLIC OFFICERS AND EMPLOYEES


Act 196 of 1973


15.342 Public officer or employee; prohibited conduct.

Sec. 2.

    (1) A public officer or employee shall not divulge to an unauthorized person, confidential information acquired in the course of employment in advance of the time prescribed for its authorized release to the public.

    (2) A public officer or employee shall not represent his or her personal opinion as that of an agency.

    (3) A public officer or employee shall use personnel resources, property, and funds under the officer or employee's official care and control judiciously and solely in accordance with prescribed constitutional, statutory, and regulatory procedures and not for personal gain or benefit.

    (4) A public officer or employee shall not solicit or accept a gift or loan of money, goods, services, or other thing of value for the benefit of a person or organization, other than the state, which tends to influence the manner in which the public officer or employee or another public officer or employee performs official duties.

    (5) A public officer or employee shall not engage in a business transaction in which the public officer or employee may profit from his or her official position or authority or benefit financially from confidential information which the public officer or employee has obtained or may obtain by reason of that position or authority. Instruction which is not done during regularly scheduled working hours except for annual leave or vacation time shall not be considered a business transaction pursuant to this subsection if the instructor does not have any direct dealing with or influence on the employing or contracting facility associated with his or her course of employment with this state.

    (6) Except as provided in section 2a, a public officer or employee shall not engage in or accept employment or render services for a private or public interest when that employment or service is incompatible or in conflict with the discharge of the officer or employee's official duties or when that employment may tend to impair his or her independence of judgment or action in the performance of official duties.

    (7) Except as provided in section 2a, a public officer or employee shall not participate in the negotiation or execution of contracts, making of loans, granting of subsidies, fixing of rates, issuance of permits or certificates, or other regulation or supervision relating to a business entity in which the public officer or employee has a financial or personal interest.

History: 1973, Act 196, Imd. Eff. Jan. 8, 1974 ;-- Am. 1978, Act 352, Imd. Eff. July 12, 1978 ;-- Am. 1984, Act 53, Imd. Eff. Apr. 12, 1984

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 7 cases (1 in the last 5 years), 1979–2024 · leading case: Groves v. Dep't of Corr., 811 N.W.2d 563 (Mich. Ct. App. 2011).
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Groves v. Dep't of Corr., 811 N.W.2d 563 (Mich. Ct. App. 2011). “, as well as restrictions on public officials’ accepting gifts to influence their official actions, MCL 15.342. Plaintiffs reiterate the *11 contention that taxpayers have standing to enforce Michigan’s bidding requirements because the requirements are meant to benefit the…”
Forster v. Delton Sch. Dist., 440 N.W.2d 421 (Mich. Ct. App. 1989). · cites it 2× “MCL 15.342(7); MSA 4.1700(72)(7).] Plaintiff contends the above provision was violated where a school district officer acted on behalf of the school district, along with other employees, in negotiating a contract with teachers, and the school district officer’s wife is a teacher…”
Residential Ratepayer Consortium v. Pub. Serv. Comm'n 2, 425 N.W.2d 98 (Mich. Ct. App. 1987). “The commission answered, raising a number of affirmative defenses and seeking a declaratory judgment that the coal contracts were exempt from disclosure under § 13(l)(g) of the foia and under § 2(1) of the standards of conduct and ethics act, MCL 15.342(1); MSA 4.1700(72)(1).…”
Dep't of Soc. Servs. v. Kulling, 475 N.W.2d 464 (Mich. Ct. App. 1991). “MCL 15.342; MSA 4.1700(72). Dss filed a motion for summary disposition.”
Garchow v. Dep't of Civil Serv., 276 N.W.2d 597 (Mich. Ct. App. 1979). “” The standards of conduct and ethics of public employees, passed as 1973 PA 196 (MCL 15.342; MSA 4.1700[72], since repealed) specifies further standards of behavior: "(5) A public officer or employee shall not engage in a business transaction in which he may profit from his…”
Bruce D Serven v. Health Quest Chiropractic Inc, 900 N.W.2d 671 (Mich. Ct. App. 2017). “” MCL 15.342(3).3 “Any person or entity . .”
Lento Law Grp., P.C. v. Lewis, No. 2:24-cv-10031 (E.D. Mich. June 11, 2024). “414, § 15.342) and the Flint Charter, which prohibit gifts worth more than $25 to public employees.”
Mich. Comp. Laws § 15.342(1): 1 case
Residential Ratepayer Consortium v. Pub. Serv. Comm'n 2, 425 N.W.2d 98 (Mich. Ct. App. 1987). “The commission answered, raising a number of affirmative defenses and seeking a declaratory judgment that the coal contracts were exempt from disclosure under § 13(l)(g) of the foia and under § 2(1) of the standards of conduct and ethics act, MCL 15.342(1); MSA 4.1700(72)(1).…”
Mich. Comp. Laws § 15.342(3): 1 case
Bruce D Serven v. Health Quest Chiropractic Inc, 900 N.W.2d 671 (Mich. Ct. App. 2017). “” MCL 15.342(3).3 “Any person or entity . .”
Mich. Comp. Laws § 15.342(7): 1 case
Forster v. Delton Sch. Dist., 440 N.W.2d 421 (Mich. Ct. App. 1989). “MCL 15.342(7); MSA 4.1700(72)(7).] Plaintiff contends the above provision was violated where a school district officer acted on behalf of the school district, along with other employees, in negotiating a contract with teachers, and the school district officer’s wife is a teacher…”
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