Michigan law criminalizing corrupt behavior and misconduct by public officers.
Full Text
750.478a Misconduct in office by public officer or public employee.
Sec. 478a.
(1) A public officer or public employee who intentionally fails to perform a mandatory nondiscretionary ministerial duty of his or her public office or public employment is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
(2) A public officer or public employee who knowingly and intentionally makes a false or misleading statement to a public body regarding any aspect of his or her public office or public employment is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
Elements of the Offense
Failure to Perform Duty (Subsection 1)
- Must be a public officer or employee
- Intentional failure to perform
- Duty must be mandatory (not discretionary)
- Duty must be ministerial (clear and defined)
False Statements (Subsection 2)
- Must be a public officer or employee
- Knowing and intentional false statement
- Statement made to a public body
- Regarding their public office or employment
Penalties
- Up to 1 year imprisonment
- Fine up to $1,000
- Or both
Relevance
This statute applies when officials:
- Fail to follow mandatory recusal policies
- Make false statements in official proceedings
- Ignore mandatory reporting requirements
- Fail to comply with records retention obligations
- Violate mandatory internal policies