This week, Attorney General Dana Nessel issued a formal opinion addressing certain reporting requirements under the Michigan Constitution and the Public Officers Financial Disclosure Act (PFDA). Secretary of State Jocelyn Benson requested the opinion to clarify whether the Department of State’s current positions accurately reflect what is required.
Key Points:
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- Attorney General Nessel concluded that the Secretary of State can require public officers to provide identifying information such as address, reporting sources of unearned income, securities, and investments.
- The opinion concludes public officers must disclose gifts, travel payments, and travel reimbursements from lobbyists or lobbyist agents, regardless of whether the lobbyists or lobbyist agents report them.
- Additionally, the PFDA requires public officers to disclose all payments of any value made by a lobbyist or lobbyist agent to a charity in lieu of honoraria, regardless of whether the lobbyist or lobbyist agent reported the payment.
- Lastly, she concluded the Secretary of State may also require public officers to provide factual information such as the date of a gift, travel payment, travel reimbursement, or payment to charity in lieu of honoraria made by a lobbyist or lobbyist agent, along with the name and identification number of the lobbyist involved.
To read the full opinion, please click here.