Except as otherwise provided for by applicable law, a public servant shall not knowingly
use his or her official position in violation of applicable law, to improperly influence
a decision of the mayor, of the city council, of the city clerk, or of a member of
a city authority, board, commission, committee, council or group, or other city agency.
(Ord. No. 22-00, § 1, 8-2-00; Ord. No. 18-12, § 1, 7-31-12)
*Commentary—
This provision prohibits a public servant from using his or her official position
in violation of federal or state law, such as the state law prohibiting bribery, being
MCL 750.118, the state law regulating conflicts of interest pertaining to public contracts
involving public servants under the Michigan Contracts of Public Servants with Public
Entities Act, being MCL 15.310 et seq, the state law regulating political campaign
organizations under the Michigan Campaign Finance Act, being MCL 169.201 et seq, and
the provisions of the Michigan Gaming Control and Revenue Act prohibiting a government
official from soliciting or knowingly accepting anything of value or benefit from
a casino licensee in return for influencing official action (see MCL 432.218(2)(c)
and (d)).
The prohibition in the article is not intended to prevent a public servant from giving
advice or seeking information as a necessary part of the public servant's duties,
or from communicating with a city agency in the ordinary course of the city's business.
Nor is this prohibition intended to chill a public servant's free speech rights under
the First Amendment to the United States Constitution or under Article I, Section
5, of the 1963 Michigan Constitution where the public servant is expressing his or
her views to another City public servant or before a City agency in a non-official
capacity.
