Part 9 Subpart 9-2 Conflicts of Interest Involving the President or a Trustee
Sec. 9-203. Prohibition of Substantial Conflict of Interest.
- A Trustee or the President of the University shall not be interested directly or indirectly
in any contract with the University, the State, or any political subdivision of the
State, which shall cause a substantial conflict of interest.
- "Interest", as used in this subpart, means a pecuniary interest.
- If there is a conflict of interest on the part of a Trustee or the President of the
University in respect to a contract with the University, the State, or any political
subdivision of the State, and if the personal interest of the Trustee or the President
is of such substance as to induce action on his or her part in promoting the contract
for his or her personal benefit, then the conflict of interest shall be deemed substantial
and is therefore prohibited.
- Notwithstanding subsection (3) above, a substantial conflict of interest of a Trustee
or the President of the University shall be deemed notto exist in the following cases:
- A contract between the University, the State, or any political subdivision of the
State and any of the following:
- A corporation in which a Trustee or the President of the University is a stockholder
owning one percent (1%) or less of the total outstanding stock of any class where
such stock is not listed on a stock exchange, or is a stockholder owning stock with
a total market value of Twenty-five Thousand Dollars ($25,000) or less where such
stock is listed on a stock exchange;
- A corporation in which a trust (where a Trustee or the President of the University
is a beneficiary under the trust) owns one percent (1%) or less of the total outstanding
stock of any class where such stock is not listed on a stock exchange, or owns stock
with a total market value of Twenty-five Thousand Dollars ($25,000) or less where
such stock is listed on a stock exchange;
- A professional limited liability company organized pursuant to Act 23 of the Michigan
Public Acts of 1993, as amended (MCL 450.5101 et seq.), if the Trustee or the President
of the University is an employee but not a member of the company.
- A contract awarded to the lowest qualified bidder, upon receipt of sealed bids pursuant
to a published notice for bids, provided the notice does not bar, except as authorized
by law, any qualified person, firm, corporation, or trust from bidding. This subsection
(b) does not apply to amendments or renegotiations of a contract or to additional
payments under a contract which were not authorized by the contract at the time of
award.
- A contract for public utility services where the rates for the services are regulated
by the state or federal government.