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House Bill 1022


House Bill 1022

ARCHIVE (2011)

Latest Information

 

DIGEST OF HB1022 (Updated April 11, 2011 3:20 pm - DI 84)


Officeholder qualifications, nepotism, and public contracts. Provides that the following are not lucrative offices: (1) Notary public. (2) Membership on a board administered by the professional licensing agency. Provides that an employee of a county, city, town, or township (unit) is considered to have resigned from employment with the unit if the employee assumes the elected executive office of the unit or becomes an elected member of the unit's legislative or fiscal body. Provides that an employee of a unit who: (1) on December 31, 2011, holds an elected office of the unit that employs the individual; or (2) on January 1, 2012, assumes an elected office of the unit that employs the individual; may serve the remainder of the employee's elected term of office without resigning as a government employee. Provides that the restriction does not prohibit an employee of a unit from holding an elected office of a unit other than the unit that employs the government employee. Subject to certain exceptions, prohibits a relative of an executive, a member of the legislative body, or a member of the fiscal body (elected official) of a county, city, town, or township (unit) from being employed by the unit. Provides that provisions concerning nepotism apply to a person who contracts with a unit to fill a vacancy in a position with the unit that was formerly held by an employee. Provides that the performance of duties of a precinct election officer or a volunteer firefighter is not considered employment by the unit for purpose of the nepotism law. Provides that an individual who is: (1) a relative of an elected officer of the unit (excluding a member of the executive, legislative, or fiscal body); or (2) a relative of an employee of the unit; may not be employed in a position in which the individual is in the line of supervision of the elected officer or employee. Specifies that an employee includes an appointed officer of the unit. Allows a person who has been employed in the same position with the unit for at least 12 consecutive months on June 30, 2011, or for at least 12 consecutive months immediately preceding the date the relative assumes office, to remain employed by the unit and be within the relative's line of supervision unless the person: (1) is a merit police officer; and (2) is promoted after June 30, 2011, to a higher rank other than a merit rank. Allows a person to remain employed by the unit and be in the relative's line of supervision, if the person is: (1) a police officer employed by a police department on June 30, 2011, and serving a probationary period with the intent of becoming a merit employee of the police department; or (2) a firefighter employed by a fire department on June 30, 2011, and serving a probationary period with the intent of becoming a merit employee of the fire department; unless the police officer or firefighter is promoted after June 30, 2011, to a higher rank other than a merit rank. Makes the following additional exceptions: (1) Allows a township trustee whose office is located in the trustee's personal residence to employ not more than one relative to work in the township trustee's office and be in the trustee's line of supervision. (2) Allows a coroner who is ineligible for another term of office due to term limits, to be hired by the coroner's successor, even though the successor is a relative and will result in the coroner working in the successor's line of supervision. (3) Allows a sheriff to hire the sheriff's spouse as prison matron for the county and work in the sheriff's line of supervision. Limits the total compensation of the township trustee's employed relative to $5,000 per year. Requires a unit to implement a policy that complies with the nepotism law and contracting law. Requires each elected official of the unit to annually certify in writing, subject to the penalties for perjury, that the official is in compliance with the nepotism and contracting law and submit the certification to the executive of the local unit. Requires the executive of the local unit to file with the annual personnel report filed with the state board of accounts a statement: (1) certified under the penalties for perjury; and (2) regarding whether the unit has implemented a policy that complies with the nepotism law and contracting law. Provides that a unit can enter into or renew: (1) a contract for the procurement of goods and services; or (2) a contract for public works; with a relative of an elected official or a business entity in which a relative has an ownership interest if: (1) the elected official does not violate the criminal conflict of interest statute; and (2) the elected official makes full written disclosure and satisfies any other requirements of the public purchasing law or the public works law. Provides that a local elected officeholder may be suspended from office if the officeholder is charged with certain felonies or misdemeanors and a two-thirds majority of the legislative body finds that the offense with which the local elected official is charged is relevant to the official's suitability for office and it is in the best interests of the unit that the official be suspended from office. Specifies that a member of the legislative body who is charged with an offense is not eligible to vote on the member's suitability for office, and provides that certain relatives of the member are likewise ineligible to vote. Specifies that the local elected official will be reinstated with back pay if the official is acquitted or charges are dropped.
Current Status:
 In Conference Committee
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