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September 27, 1967 - Image 2

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The Michigan Daily, 1967-09-27

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IMG W

THE MICRIUGAN DAILY

WEDNESDAY.

Partial Text of Kelley Conflict of nterest 1

~uli

ng

(Continued from Page 1)

delity and care which an ordi-

described, fall comfortably with- narily careful man would use in
in, this pattern. If it be determined his own affairs of like magnitude
that members of governing boards and importance, Trembert v.
and officers of institutions of Mott, 271 Mich. 683 (1935). The
higher education enjoying consti- conclusion that the interest a di-
tutional status are "state officers" rector has in the corporation he is
within the ambit of Article IV, serving must be "substantial" is
Section 10 of the Constitution, therefore inescapable; any other
supra, then there can be no doubt conclusion would derogate from
that their simultaneous service as the degree of dedication and fidel-
officer or director of a bank, or ity that he must devote towards
any other enterprise for profit, the corporation.
which enters into contractual re- Insofar as officers of private
lationship with their educational corporations are concerned, it is
institution is prohibited by the equally clear that, although such
aforesaid section of the Constitu- officers generally derive their au-
tion. thority to represent the corpora-
Service as an officer or director tion from the board of directors,
of a private corporation is per se the corporate functions must be
a substantial interest in that en- performed by corporate officers or
tity. See Opinion No. 4555 of agents. And, as in the case of
April 12, 1967. directors, corporate officers have
Directors, of a corporation must a duty to serve their corporation
safeguard, care for and promote with fidelity.
the corporation's interest, Wise- While it is conceivable that,
man v. United Dairies, Inc., 324 in some rare instance, a corpor-
Mich. 473 (1949), and they must ate officer may hold a title de-
exercise the same degree of fi- void of any apparent substantial
Hatcher Resigns Bank Post

interest to himself, the title itself
must be deemed to have been con-
ferred for the mutual benefit of
the corporation and the officer
in question. Were only a trivial
benefit running to the officer to
exist, it would be advisable for
any state officer holding such an
empty title to divest himself of it
if a prohibited contractual rela-
tionship is present-such a gesture
could hardly be viewed as too
great a sacrifice for the oppor-
tunity to engage in public serv-
ice. This would be necessary since
any title as officer of a corpora-
tion must be presumed to carry
with it commensurate obligation
to serve the interest of that cor-
poration.
Public Utilities
EDITOR'S NOTE: MSU President
Hannah also requested clarification
of the positions of officers or di-
rectors of both universitysgovern-
ing boards as directors of a pri-
vately owned public utility regulat-
ed by the state, Kelley's conclu-
sion only is printed here.
With the exception of the col-
leges and universities that are
newly formed, the decision of a
college or university to avail itself
of a particular public utility serv-
ice is a matter of history and
based upon such decision the col-
lege or university and the public
utility company have undertaken
financial obligations to insure
proper service. Thus it must be
held that any conflict of interest
that may result from a person
serving as a university governing
board member or officer and also
as an officer or director of a pub-
lic utility furnishing service to a
college or university is unsubstan-
tial as it relates to a public util-
ity service rendered to the univer-
sity.
Employe of Labor Organization
Representative Hampton advises
me that Don Stevens, a member
of the Michigan State University
Board of Trustees, is employed by
the Michigan AFL-CIO. Several
months ago he voted favorably
upon a resolution requiring Mich-
igan State University to purchase
printing'services only from union-

ized printing shops. Subsequently, the proper answer to the first
this resolution of the Board of question stated above requires
Trustees was modified so as to only determination of whether!
permit non-union shops to pro- persons serving as members of!
vide such services if they certified governing boards of state institu-
that they are observing union tions of higher education or as
standards. officers thereof are "state offi-
Representative Hampton asked cers" within the meaning of Ar-
my opinion on the following ques- tile IV, Section 10.
tion: Governing boards of state in-
"Whether Don Stevens, a mem- stitutions of higher education hav-
ber of the Michigan State Uni- ing authority to grant baccalaur-
versity Board of Trustees, is en- eate degrees owe their existence
gaged in a similar, or any, con- to provisions of the Constitution.
flict of interest with MSU." - . It has been pointed out that
Article IV, Section 10 of the state universities are corporations
Michigan Constitution provides in created for public purposes. Re-
pertinent part: gents of the University of Michi-
"No member of the Legislature gan v. Board of Education of
nor any state officer shall be in- Detroit, 4 Mich. 213 (1856) and,
terested directly or indirectly in under Article VIII, Section 4 of
any contract with the state or any the Constitution of 1963, the Leg-
political subdivision thereof which islature is required to appropri-
shall cause a substantial conflict ate money to maintain these in-
of interest." stitutions and must be given an
Mr. Don Stevens occupies neith- annual accounting of all income
er an executive' office nor is a and expenditures by each of them.
member of the Executive Board of Thus, despite their independent
the Michigan AFL-CIO. Instead constitutional status, state insti-
he is employed as education di- tutions of higher education re-
rector of that organization by vir- main a part of the state govern-
tue of appointment of the presi- ment. Branum vs. Board of Re-
dent and approval of the Execu- gents of University of Michigan,
tive Board. .6 Mich. App. 134 (1966).
. A substantial conflict exists Members of the governing boards
where a state officer accepts oth- of such state colleges and univer-
er employment or engages in a sities are either elected by the
business of professional activity people or appointed by the gov-
which would require him to dis- ernor. In either case the gover-
close confidential information ac- nor is empowered to fill board
quired by him in the course of vacancies by appointment. Michi-
his official duties. There appears gan Constitution of 1963, Article
to be no foundation for any con- VIII, Sections 5 and 6.
clusion that Mr. Stevens, by vir- Thus, as stated in OAG No.
tue of his position as educational 4492, March 10, 1966, "There can
director of the Michigan AFL- be no question but that members
CIO, is required to disclose confi- of the Board 'of Regents of the
dential information acquired by University of Michigan are state
him in the course, of his duties officers." Attorney General, ex rel
as a member of the Board of Trus- Cook v. Burhans, 304 Mich. 108
tees of Michigan State University. (1942), And the same would be
Are Officers and Board Members true-of other state institutions of
'State Officers'? higher education.
Having established that direc- Turning to officers of the state
tors and officers of private cor- colleges and universities it is clear
porations must be deemed to have that, while their duties and re-
a substantial interest in the busi- sponsibilities do not encomppass
ness affairs of such corporations, the establishment of broad policy

reserved to the governing board,
they actually have greater involve-
ment in the negotiation, execu-
tion and administration of con-
tracts entered into by the insti-
tution. For example, the board
may select a bank in which to de-
posit its funds, but it is the offi-;
cers that have direct and regular
contact with officials and em-
ployes of the bank. Disputes re-
garding interpretation of terms
of deposit, time of deposit, amount
of deposit or bank charges are
generally resolved by the institu-
tion's officials and not by the
governing board unless the dis-,
pute assumes major proportions..
Also, while board members serve
part time devoting the major por-
tion of their activities to other
matters, the officers of the insti-
tution are normally required to
devote their full time and atten-
tion to the university's affairs. It
would be an anomolous quirk of;
the law indeed were board mem-
bers of an institution prohibited
from having a conflicting inter-
est in a state contract while no
such prohibition applied to its of-
ficers. Thus, if the policy upon,
which the constitutional prohibi-
tion against conflict of interest;
rests is to be meaningful, it must
be applicable to the very state
officials who might be in a posi-
tion to violate it.
Therefore, since establishment
and maintenance of state institu-
tions is an exercise of the sover-
eign functions of the state pur-
suant to its constitution and, since
officers of such institutions are
engaged in the implementation of1

1948 k750.122, is valid and enforce-
able:
"No trustee, inspector, regent,
superintendent, agent, officer or
member of any board or commis-
sion having control or charge of
any educational, charitable, pen-
al, pauper, or reformatory public
institution of this state, or of any
municipality thereof, shall be per-
sonally, directly or indirectly, in-
terested in any contract, purchase
or sale made for, or on account,
or in behalf of any such institu-
tion, and all such contracts, pur-
chases or sales shall be held null
and void; nor shall any such of-
ficer corruptly accept any bribe,
gift or gratuity whatever froln
any persons interested in such
contract; and it is hereby made
the duty of the governor or other
appointing power, upon proof sat-
isfactory of a violation of the pro-
visions of this section, to immedi-
ately remove the officer or em-
ploye offending as aforesaid; and
the offender shall be guilty of a
felony."
This section of the Penal Code,
it will be noted, refers to three
consequences that can ensue
where it can be established that
a conflict of interest is present.,
First, the contract itself is de-
clared to be "null and void";
secondly, the officer is subject to
removal from office, and thirdly,'
upon conviction thereof, the offi-;
cer is guilty of a felony.
It it recommended, however, that
any prosecuting authority before
whom such complaint may be
brought take into consideration
the fact that this problem has

(Continued from Page 1)
a member of the University's
Board of Regents, to remain presi-
dent of the Management and Cap-
ital Co. of Birmingham, a director
of Lear-Siegler, Inc., the Bank of
the Commonwealth, the Bank of
Lansing and the Industrial Bank
of Kalamazoo.
. Matthaei, asked last summer
about the possibility of a conflict
of interest existing between his
University and business posts, had
said, "I serve on several bank
boards, none of which conduct any
business activities with the Uni-
versity, of which I am aware."
Kelley explained that "It is now
up to the local prosecutors to in-
vestigate and prosecute cases of
conflict of interest among college
or university officials in their
areas."
A spokesman for Central Mich-

igan University told The Daily.
yesterday that "no action has been
taken" by members of the ad-
ministration and Board of Trus-
tees who are members of local
banks.
CMU President Judson Foust is
a director of the Exchange Sav-
ings Bank in Mount Pleasant;
Norval Bovee, the , university's
vice-president of business, and E.
Allan Morrow, a trustee, are both
directors of the Isabella Bank,
also in Mount Pleasant.
"Our,officials will certainly com-.
ply with the law if it affects
them," claimed a spokesman for
Eastern Michigan University, "but
we haven't seen the ruling yet."
EMU President Harold Sponberg,
a director of the First National
Bank of Marquette and the Na-
tional City Bank in, Ypsilanti
may be affected by the ruling.

However, Section 5 of Act 311
states that:
"If the attorney general finds
that a contract contains a direct
or indirect interest that causes a
substantial conflict of interest,
the contract is not void but is
voidable by the state or political
subdivision. A party who entered
into a voided contract in good
faith and without knowledge of
the existence of a prohibited in-
terest therein may recover from
the state or political subdivision
the reasonable value of any bene-
fits conferred upon the state or
political subdivision in good faith
reliance upon the contract." (MSA,
Cur Mat #4.170(5) )
Thus, with respect to the stat-
us of the contract, there appears
to be an irreconcilable conflict
between Section 122 of the Penal
Code as to the officers and insti-
tutions covered therein, and Sec,
tion 5 of Act 317, PA 1966, A
contract cannot be "null and void"
and be "not void but voidable by
the state or political subdivision"
at the very same instant. Apply-
ing the proper rule to statutory
construction reserved to such cir-
cumstances, City of Detroit v.
Michigan Bell Telephone Com-
pany, 374 Mich. 543 (1965), it is
my opinion that Act 317, being a
later expression of the Legisla-
ture is controlling despite the ab-
sence of a repealing clause. The
contract would thus be voidable.
Camp us
Dr. D. Stark Murray, original
planner of the British National
Health Service, will speak on
"National Health Service of Great
Britain: Current Picture and Fu-
ture Prospects" today at 4 p.m.
in the Michigan Union third floor
conference room.
The lecture is sponsored by the
Departnent of Medical Care Or-
ganization, Bureau of Public
Health Economics and the In-
stitute of Labor and Industrial
Relations, the University-Wayne
State University.
The 10th annual John Alexander
Society Lecture at the Medical
School will be givel by John W.
Strieder, M.D., of the Boston Uni-
versity School of Medicine.
Dr. Streider, professor emeritus
of surgery, will speak on "Training
the Thoracic Surgeor" at 4:30
p.m. today in the third level am-
phitheatre of the Medical Science
Building.
There will be a mass meeting
of all of University skilled trades-
men and construction laborers at
the Komo Club on Green and
Davis Street tomorrow at 4:30 p.m.
Refreshments will be served.
* * *
Two University engineers were
awarded $500 each this week for
outstanding teaching and student
counseling.

this exercise of sovereign power, been awaiting formal legal clarifi-
it is clear that they are state of- cation, and that until the issuance

ficers within the contemplation of
Article IV. Section 10 of the State
Constitution.'
The specific officers of the sub-
ject educational institutions so in-
cluded are its president, secretary,
treasurer and vice-presidents.
The president is designated in
Article VIII, Sections 5 and 6,
as the principal executive officer
of the institution and is ex-offi-

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DAILY OFFICIAL BULLETIN

cio a member of the board so
°::. :'::°""° ° : that there is no doubt of his stat-
us as a public officer.
While not specifically designat-
ed in the Constitution, the delega-
tion to the other officers of uni-
.::versities and colleges of a por-
tion of the sovereign power in
Communications Science Lecture Se- which the public is concerned
es presents lecture by Dr. Ian Cap- nisiteelements to
n, University of Adelaide, Australia: contains the requ e
Methods of Classification.' Sept. 27 bring them within the ambit of
10 p.m., Michigan Union, Room 3B. the constitutional prohibition
against conflicts of interests.

:::
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The Daily Official Bulletin is an
official publication of the Univer-
sity of Michigan .for which The
Michigan Daily assumes no editor-
ial responsibility. Notices should be
sent in TYPEWRITTEN form to
Room 3564 Administration Bldg. be-
fore 2 p.m. of the day preceding
publication and by 2 p.m. Friday
for Saturday and Sunday. General
Notices may be published a maxi-
.mum of two times on request; Day
Calendar items appear once only.
Student organization notices are not
accepted for publication. For more
information call 764-9270.
WEDNESDAY, SEPTEMBER 27
Day Calendar
Center for Programmed Learning for
Business Seminar"Management of Be-
havior Change Seminar": Michigan
Union, 9 a.m. to 5 p.m.
Film-On Paul Tillich, Multipurpose
Room, UGLI, 12:30-1 p.m.
International Institution for Produc-
tion Engineering Research Conference
-"1967 Conference on Modern Manu-
facturing Technology": Morning ses-
sion, Rackham Lecture Hall, 9 a.m.;
discussion series, Fourth Floor, Rack-
ham Bldg., 1:30 p.m.
Thomas M. Cooley Lecture Series, Lee-
ture III-Prof. Otto Kahn-Freund, Uni-
versity of ; Oxford, "Contractual Tri-
angles, 'Henningsin vs. Bloomfield' in
Transatlantic Perspective": Room 100,
Hutchins Hall, 3:30 p.m.
staetistics Seminar - Prof. Roger
Wright will speak on "Estimation of a
Linear Functional Relation with Er-
rors in the Variables," Room 3201 An-
gell Hall, 4 p.m.
Dept. of Medical Care Organization.
Bureau of Public Health Economics
and the Institute of Labor and Indus-
trial Relations-Dr. D. Stark Murray,
World Health Organization, "National
Health Service of Great Britain: Cur-
rent Picture and Future Prospects":
Michigan Union, Third Floor Confer-
ence Room, 4 p.m.
Dept, .of Zoology Seminar-Dr. Ken-
neth R. Ashby, University of Durham,
England, "The Ecology of British Wood-
land Rodents": 1400 Chemistry Bldg.,
4 p.m.
College of Engineering Lecture -
Prof. Brice Carnahan, University of
Michigan, "An Introduction to Digital
Computers and the MAD Language":
Natural Science Aud., 7:30 to 9:30
p.m.
Professional Theatre Program-Michel
del Ghelderode's "Pantagleize": Lydia
Mendelssohn Theatre, 8 p.m.
University Staff Meeting-President
Harlan Hatcher, to deliver his annual
address to faculty and staff: RIackham
Lecture Hall, 8 p.m.; reception im-
mediately following, Ballroom, Michi-
gan League.
General Notices
Student Government Council Approval
of the following student sponsored
events becomes effective 24 hours after
the publication of this notice. All pub-
licity for these events must be with-
held until the approval has become ef-
fective.
Approval request forms for student
sponsored events are available in Room
1011 of the SAB.

Angel Flight, Record sale, Oct. 3 and
4, 7-9 p.m., North Hall.
Mock Convention Central, Mass meet-
ing, Oct. 4, 7:30-10 p.m., UGLI, Multi-
purpose Room.
American Field Service Returnee's
Club, Michigan Higher Education Con-
ference, Oct. 5-7, campus.
Inter-House Assembly, Women's resi-
dence hall mixer, Oct. 7, 8-11:30 p.m.,
League Ballroom.
Women's Speed Swimming Team -
Practices at 6 p.m., Thurs., Sept. 28.
All interested women swimmers are
welcome to attend.
Lecture: "Horse and Buggy Stories
for Jet-Age Children," 'Robert Burch,
author. Sponsored by the School of
Education and the Department of Li-
brary Science, Thurs., Sept. 28, Rack-
ham Amphitheatre, 8 p.m.
Honors Council, College of Literature,
Science and the Arts: There will be a
special open meeting of College Hon-
ors 199, "Humanities and the Law,
presenting H. Daniel Feldman, J.D.,
speaking on "Why Libel Law." The
meeting will be theld on Oct. 1, 7 p.m.,
in the Multipurpose Room of the Un-
dergrad Library.
Applications for L.S. & A. Scholar-
ships: For, the Winter Term, 1968;
Spring-Summer Term, 1968; Spring Half
Term, 1968, and Summer Half Term,
1968, will ; be available in Room 1220
Angell Hall beginning Oct. 2. Com-
pleted applications will be due no
later than Nov. 1. Applicants must
have at least one full semester of
residence in this college. Applicants
must have at least a 3.0 grade point
average. L.S. & A. scholarships are
awarded on both need and scholarship;
need is the primary consideration.
Law School Admission Test: Applica-
tion blanks are available in Room
3014 Rackham Bldg. for the Law School
Admission Test. The next administra-
tion of the test will be on Sat., Nov.
11, and applications are due in Prince-
ton, N.J., by Oct. 21,
Admission Test for Graduate Study in
Business: Application blanks are avail-
able in Room 3014 Rackham Bldg. for
the Admission Test for Graduate Study
in Business. The next administration of
the test will be on Sat., Nov. 4, and
applications are due in Princeton,
N.J., by Oct. 21.
Doctoral Examination for Albert Yuk-
Sing Leung, Pharmacognosy; thesis:
"Investigations on Psilocybin and Its
Analogs in Certain Fungi," Wed., Sept.
27, Room 4032. Pharmacy Research
Bldg., at 9 a.m. Chairman, A. G. Paul.
Doctoral Examination for Ronald Al-
fred Greineke, Chemistry; thesis: "An-
alysis of Closely Related Mixtures by
Differential Reaction Rates," Wed.,
Sept. 27 in Room 3016 Chemistry
Bldg. at 2 p.m. Chairman, H. B. Mark,
Jr.
Doctoral Examination for Hollis Reid
Wagstaff, Jr., Geography; thesis: "A
Case Study of the Michigan Electric
Power Industry and Its Application to
National and World Electric Power
Needs," Wed., Sept. 27, Room 4040 Ad-
ministration Bldg., at 3 p.m. Chairman,
J. D. Nystuen.
Doctoral Examination for Rosabeth
Moss Kanter, Sociology; thesis:: "Uto-
pia: A. Study in Comparative Organi-
zation," Wed., Sept. 27, Room 21 An-
gell Hall, at 3 p.m. Chairman, W. A.
Gamson.

Placement
ANNOUNCEMENT:
Public Service Commission of Canada
-Announces openings for Personnel
Administrators, Financial administra-
tors and Mgmt. Analysts, 1968 grads
plan to take exam to be held Oct. 17.
Canadian citizens and non-citizens.
Contact Bureau for further informa-
tion.
PLACEMENT INTERVIEWS: ThoseI
wishing to interview the following em-
ployers must have forms in the Bureau3
by the end of this week. Employers ex-.
pect to see this resume. Call 764-74601
for appointments, and come to General
Division, 3200 SAB, to get forms.
MON., OCT. 2-
Eli Lilly and Co., Indianapolis, Ind.
-All day. Male & female. M & M or
PhD Math, Anal. and Organ. Chem.,
Biochem., Microbiol, and Pharm. for
Blol. (Chem. required), Research, Dev.
and Control.
Pillsbury Co., Minneapolis, Minn. -
All day. Male & female. MA in Econ.,
Math, Psych., Soc. for Elec. Computing,
Mktg. Res.
TUES., OCT. 3-
Fireman's Fund American Insurance
Cos., Detroit, Mich.-All day. BA in
Gen. Lib. Arts for Insurance.
Dow Chemical Co., Midland, Mich.
-All day. Male & female. BA/MA An-
thro., Econ. & Biochem. for Comput-
ing, Mktg. Res., Production, Public
Relations, Purchasing, Sales, Stat.,
Trans., Biol., & Zoo.
WED., OCT. 4-
Mead Johnson & Co., Evansville, Ind.
-p.m. only. All level degrees in Econ.,
Math, Biochem., Chem. All areas, Mi-
crobiol. and Pharm. for Computing,
Mgmt. Trng., Pharmaceutical and Nu-
tritional Res. and Dev.
Burroughs Wellcome and Co., Inc.,
Tuckahoe, N.Y.-Any degree, any ma-
jor for Territorial Sales.
Aetna Casualty and Surety, Detroit,
Mich.-BA/MA in Econ., Educ., Engl.,
Gen. Lib. Arts, Geog., Hist., Journ.,
Law, Lib. Sci., Math, Poli. Sc., Public
Health, Speech, Soc., Soc. Work. For
Insurance, Office and Sales.
THURS., OCT. 5-
Upjohn Co., Kalamazoo, Mich.-Male
& female. All degrees in Lib. Sci.,
Math, Pharm., Biochem. and Chem.
for Computing, Libr., and Lab.
Harris Trust and Savings Bank, Chi-
cago, 11.-BA/MA Econ., Gen. Lib. Arts
and Math for Banking, Computing and
Secretarial.
Argonne National Laboratory,Ar-
gonne, 11.-Male & female. All levels
in Math and PhD in Biochem., Chum.
(all areas) and Physics. For R. & D.
Ford Motor Co., Dearborn, Mich. -
Male & female. BA/MA Econ., Law,
Math, Psych. & Chem. for Computing,
Mktg. Res., Pers., Prod, Purch., Stat.
and Trans.
FRI., OCT. 6-
No interviews scheduled.
U -

For further information please call
764-7460, General Division, Bureau of
Appointments, 3200 SAB.
ENGINEERING PLACEMENT MEET-
ING: No. 4 "Success on the Job." Com-
mon difficulties of transition from
school to work and how to avoid them.-
Fourth of four meetings, Prof. J. H.
Young, Sept. 26, 4 p.m. and 7:30 p.m.
(afternoon and evening meetings will
be the same). Room 311 West Engineer-
ing Bldg.-
ORGAN IZATION
NOTICES
USE OF THIS COLUMN FOR AN-
NOUNCEMENTS is available to officially
recognized and registered student orga-
nizations only. Forms are available in
ERm. 1011 SAB.
La Sociedad Hispanica plans picnic,
Sat., Sept. 30, 2 p.m., Island Park. Food
furnished. All romance instructors, stu-j
dents of Spanish and Portuguese, oth-
er interested persons cordially invited.
In case of rain picnic will be held
Sunday.
* * *
Baha'i Student Group holds informal
discussion, Fri., Sept. 29, 8 p.m., 520
Ashley. Call 662-3548 if you need trans-
portation.
S* 4
Students Council for the Exception-
al Child holds meeting, Sept. 28. 7:30
p.m., UHS lunchroom. Speaker will be
Dr. Loren Barritt, "Education for Con-
formity?"
Southern Asia Club: There will be a
bag lunch on Thurs., Sept. 28, in Lane
Hall at 12 noon. Prof. Gayl Ness will
speak on his research concerning ag-
ricultural development in Malaysia,,
the Philippines, Cuba and Puerto Rico.
University Lutheran Chapel holds
services: 9 p.m.-get acquainted hour
with new graduate students, 10 p.m.
-midweek devotion led by Pastor Rick-
ard Kapfer, Wed.. Sept. 27, 1511 Wash-
tenaw.
International Association for the Ex-
change of Students for Technical Ex-
perience will hold a meeting, Sept. 28.
3-A Union, 7:30 p.m., for qualified stu-
dents interested in foreign summer
work.

ri
4

of this opinion there has been
considerable uncertainty as to
whether the described activities
amount to a conflict of interest.
Section 2 of Act 317, PA 1966;
MSA Cur Mat 14.1700(2), also pro-
hibits any state officer from hav-
ing any interest in a contract with
the state or any of its political
subdivisions which is in substan-
tial conflict with the proper dis-
charge of his duties in the public
interest. And this statute left un-
disturbed the second and third of
the consequences flowing from a
violation of Section 122 of the
Michigan Penal Code, supra, by
providing, as it does in Section 7
thereof, MSA Cur Mat 14.700(7),
that:
"The failure of a state officer
or government employe to comply
with this act subjects him to ap-
propriate disciplinary action or
civil action."
In addition, it should be noted,
under Article V, Section 10 of the
Michigan Constitution of 1963 the
governor has the power and the
duty to remove or suspend from
office any public officer, elective
or appointive, "for gross neglect
of duty or for corrupt conduct in
office, or for any other misfeas-
ance or malfeasance therein."
There can be no doubt that any
public officer who has an interest
in any contract which is prohibit-
ed by Article IV, Section 10 of
the constitution is subject to such
removal or suspension by the gov-
ernor.

Guild House, Noon research sympos-
lum and luncheon, Sept. 27, 12-1 p.m.,

Consequences of Conflict

Guild House, 802 Monroe. Turning next to your question
UM Scottish Country Dance Society as to the consequences that could
holds dance meetings every Wed., 8- ensue where a state officer is
10:30 p.m.. WAB Lounge. found to be in conflict of inter-
***est, the constitutional provision,
American Chemical Society, Student Article IV, Section 10, .upra, while
affiliate sponsors Dr. Burckhalter ofsi isofar as the pre-
the UM School of Pharmacy, who self-executing
will speak on "Research in Medicinal scribed standard of conduct is
Chemistry," Sept. 26, 8 p.m., 1300 Chem. concerned, also provides that the.
c en l Legislature shall further imple-
Detitscher Verein holds kaffeestunde ment this provision, by appropri-
on Wednesdays, 3-5 p.m., 3050 Frieze me prvisionsby pprr
Bldg. Kaffee, kuchen, musik. *Ale ate legislation. Consequently there
Kommilitonen ,nd Kommilitonninen is no doubt that the following pro-
herzlick willkommen. vision of the Michigan Penal Code,

Engineering Council, Meeting, Sept.
27, 7 p.m., 3511 SAB.
UM Rifle Club invites you to learn
to shoot, every Wednesday, 7-9 p.m.,
ROTC Range.
Phone 434-0130
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Section 122 of Act 328 PA 1931;
MSA 1962 Rev Vol §28.317; CL
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