HOUSE BILL No. 5492

 

 

January 30, 2018, Introduced by Reps. Phelps and Neeley and referred to the Committee on Oversight.

 

     A bill to create the office of government accountability; to

 

prescribe the powers and duties of the office, the legislative

 

council, and state departments and agencies; and to provide

 

remedies.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. (1) This act shall be known and may be cited as the

 

"government accountability act".

 

     (2) As used in this act:

 

     (a) "Administrative act" means an action, rule, regulation,

 

order, omission, decision, recommendation, practice, or procedure

 

of a public body.

 

     (b) "Complaint" means an allegation of wrongdoing or a report

 

as described in section 2 of the whistleblowers' protection act,

 

1980 PA 469, MCL 15.362.

 

     (c) "Council" means the legislative council.

 

     (d) "Office" means the office of government accountability

 

created in section 2.

 

     (e) "Person" means an individual, sole proprietorship,

 

partnership, corporation, association, or any other legal entity.

 

     (f) "Public body" includes all of the following:

 

     (i) An officer, employee, agency, department, division,

 

bureau, board, commission, council, authority, or other body, or a

 

member thereof, of the executive branch of state government.

 

     (ii) An officer, employee, agency, board, commission, council,

 

or other body, or member thereof, of the legislative branch of

 

state government.

 

     (iii) A county, city, township, village, intercounty,

 

intercity, or regional governing body; a council, school district,

 

special district, or municipal corporation; a board, department,

 

commission, council, agency; or a member or employee thereof.

 

     (iv) The judiciary or a member or employee of the judiciary.

 

     (v) A person that has contracted with a public body to provide

 

a service that the public body is required to or would otherwise

 

provide or to fulfill an obligation or duty of the public body.

 

     (g) "Wrongdoing" means an action by a public body that does

 

any of the following:

 

     (i) Violates a law of this state, a political subdivision of

 

this state, or the United States.

 

     (ii) Results in the gross mismanagement or gross waste of

 

public funds.

 

     (iii) Creates a substantial and specific danger to public

health or safety.

 

     (iv) Results in the alteration, concealment, or destruction of

 

or tampering with data used in the preparation of an official

 

report for the purpose of falsifying or misrepresenting the data or

 

misleading a person relying on the report.

 

     Sec. 2. (1) The office of government accountability is created

 

within the legislative council.

 

     (2) The principal executive officer of the office of

 

government accountability is the government accountability officer

 

who is appointed by and serves at the pleasure of the council.

 

     (3) The council shall establish procedures for approving the

 

budget and expenditures for the office and for employing personnel.

 

     Sec. 3. (1) Within 30 business days after receiving a

 

complaint, the government accountability officer shall conduct an

 

investigation. The government accountability officer may decline to

 

conduct an investigation if he or she determines that the complaint

 

pertains to a matter that is outside the scope of the government

 

accountability officer's powers.

 

     (2) Subject to approval of the council, the government

 

accountability officer shall establish procedures for receiving and

 

processing complaints, conducting investigations, holding hearings,

 

and reporting the findings resulting from the investigations.

 

     Sec. 4. If the government accountability officer decides to

 

investigate a complaint, the government accountability officer

 

shall notify the complainant in writing. If the government

 

accountability officer declines to investigate a complaint, the

 

government accountability officer shall, in writing, notify the

complainant and inform the complainant of the reasons for the

 

government accountability officer's decision.

 

     Sec. 5. (1) Upon request and without the requirement of any

 

release, a public body shall give the government accountability

 

officer access to all information, records, and documents in the

 

possession of the public body that the government accountability

 

officer considers relevant to an investigation.

 

     (2) Upon request and without notice, a public body shall grant

 

the government accountability officer entrance to inspect at any

 

time any premises under the control of the public body that the

 

government accountability officer considers relevant to an

 

investigation.

 

     (3) The government accountability officer may hold informal

 

hearings and may request that any person appear before the

 

government accountability officer or at a hearing and give

 

testimony or produce documentary or other evidence that the

 

government accountability officer considers relevant to an

 

investigation.

 

     Sec. 6. Upon request of the government accountability officer,

 

the council may hold a hearing. The council may administer oaths,

 

subpoena witnesses, and examine the books and records of the

 

relevant public body or of a person, partnership, or corporation

 

involved, in accordance with section 104 of the legislative council

 

act, 1986 PA 268, MCL 4.1104, in a matter that is or was a proper

 

subject of investigation by the government accountability officer

 

under this act.

 

     Sec. 7. (1) Correspondence between the government

accountability officer and a complainant is confidential, is not

 

discoverable in a legal proceeding, is exempt from disclosure under

 

the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246,

 

and must be processed as privileged correspondence.

 

     (2) The government accountability officer shall maintain

 

confidentiality with respect to all complaints and the identities

 

of the complainants, except so far as disclosures may be necessary

 

to enable the government accountability officer to perform the

 

duties of the office and to support any recommendations resulting

 

from an investigation.

 

     (3) A report prepared and recommendations made by the

 

government accountability officer and submitted to the council

 

under section 8 are exempt from disclosure under the freedom of

 

information act, 1976 PA 442, MCL 15.231 to 15.246.

 

     Sec. 8. (1) The government accountability officer shall,

 

within 30 days after completing an investigation, prepare and

 

submit a report of the findings of the investigation to the

 

complainant and the council and, if the government accountability

 

officer finds any of the following, make recommendations to the

 

council:

 

     (a) A wrongdoing.

 

     (b) An administrative act for which justification is

 

necessary.

 

     (c) A matter that raises an issue that it is in the best

 

interest of the state for the public body to address.

 

     (d) Any other significant concerns as determined by the

 

government accountability officer.

     (2) The council may forward the report prepared and submitted

 

under this section to the relevant public body or other persons

 

affected. In an appropriate case, the council may forward a report

 

to the Michigan state police or Ingham County prosecutor for

 

further investigation or prosecution.

 

     Sec. 9. The government accountability officer shall submit to

 

the legislature an annual report on the conduct of the office.

 

     Sec. 10. (1) A complainant or any other individual must not be

 

subject to adverse employment action or be penalized in any way by

 

a public body because of filing a complaint or cooperating with the

 

government accountability officer in investigating a complaint,

 

unless the complainant knowingly filed a complaint based on false

 

information or the individual provided information the individual

 

knew to be false or misleading in the course of the investigation

 

of a complaint. As used in this subsection, "adverse employment

 

action" means discharge, threats, or other discrimination against

 

an employee regarding the employee's compensation, terms,

 

conditions, location, or privileges of employment.

 

     (2) A person shall not hinder the lawful actions of the

 

government accountability officer or employees of the office, or

 

willfully refuse to comply with lawful demands of the office.

 

     (3) A person that violates this act is guilty of a felony

 

punishable by imprisonment for not more than 2 years or a fine of

 

not more than $5,000.00, or both.

 

     Sec. 11. The authority granted to the government

 

accountability officer is in addition to the authority granted

 

under any other act or rule that provides a remedy or right to

appeal or object, or any procedure provided for inquiring into or

 

investigating any matter. The authority granted the government

 

accountability officer does not limit or affect the remedy or right

 

of appeal or objection and is not part of an exclusionary process.

 

     Sec. 12. (1) The government accountability officer shall

 

prepare a written notice of the rights of individuals under this

 

act and the whistleblowers' protection act, 1980 PA 469, MCL 15.361

 

to 15.369, and shall prepare a training guide of those rights.

 

     (2) A public body shall train its employees utilizing the

 

training guide prepared by the government accountability officer

 

under subsection (1).

 

     Enacting section 1. This act takes effect 90 days after the

 

date it is enacted into law.