Michigan Compiled Laws Act 78 Of 1935 Firemen And Policemen Civil Service System (38.501 - 38.518)

AN ACT to establish and provide a board of civil service commissioners in cities, villages, and municipalities having full-time paid members in the fire or police departments, or both; to provide a civil service system based upon examination and investigation as to merit, efficiency, and fitness for appointment, employment, and promotion of all full-time paid members appointed in the fire and police departments and respective cities, villages, and municipalities; to regulate the transfer, reinstatement, suspension, and discharge of officers, fire fighters, and police officers; to prescribe penalties and provide remedies; and to repeal acts and parts of acts.

History: 1935, Act 78, Imd. Eff. May 24, 1935 ;-- Am. 1945, Act 287, Imd. Eff. May 25, 1945 ;-- Am. 1951, Act 15, Eff. Sept. 28, 1951 ;-- Am. 1986, Act 155, Imd. Eff. July 3, 1986 ;-- Am. 1998, Act 199, Eff. Mar. 23, 1999
Popular Name: Police and Fire Civil Service Act

Section 38.501 Fire And Police Department Civil Service Commissions; Creation.
Within 30 days after this act shall take effect there may be created a civil service commission in each city, village or municipality of...
Section 38.502 Civil Service Commission; Membership, Appointment, Terms; Election Of President.
The civil service commission shall consist of 3 members, 1 of whom shall be appointed by the principal elected officer of the city, village...
Section 38.503 Civil Service Commission; Members, Qualifications.
No person shall be appointed a member of said commission who is not a citizen of the United States and who has not been...
Section 38.504 Civil Service Commission; Vacancies, Removal, Petition, Hearing.
In event that any commissioner of said civil service commission shall cease to be a member thereof by virtue of death, removal or other...
Section 38.505 Civil Service Commission; Clerk.
The city clerk or city recorder of any city, village or municipality under the terms of this act shall “ex officio” be clerk of...
Section 38.506 Fire And Police Civil Service; Eligibility For Permanent Appointment.
For the benefit of the public service and to prevent delay, injury, or interruption therein by reason of the enactment of this act, all...
Section 38.507 Appointments And Promotions; Competitive Examinations; Provisions Applicable To Appointment, Reinstatement, Promotion, Or Discharge; Applicability Of Section.
Appointments to and promotions in all paid fire or police departments, or both of cities, villages, and municipalities shall be made only according to...
Section 38.508 Civil Service Commission; Assistance By Municipal Executive Officers; Printing, Supplies.
It shall be the duty of the mayor, or principal executive officer, and heads of departments of every city, village or municipality to aid...
Section 38.509 Civil Service Commission; Powers And Duties.
The civil service commission in each city, village or municipality, within the terms of this act, shall First, Prescribe, amend and enforce rules and...
Section 38.510 Application For Examination; Filing; Contents; Forms; Refusal To Examine Or Certify Applicant; Public Hearing For Aggrieved Applicant; Review; Testimony; Decision; Physical Examination; Certification; Age Requirement; Reinstatement Or Reappointment; Rank.
(1) The civil service commission in each city, village, or municipality shall require an individual applying for admission to an examination provided for under...
Section 38.510a Repealed. 1986, Act 155, Imd. Eff. July 3, 1986.
Compiler's Notes: The repealed section pertained to applications for employment in certain municipalities.Popular Name: Police and Fire Civil Service Act
Section 38.511 Rules For Examinations; Minimum Passing Grade; Notice And Distribution Of Rules; Probationary Period; Final Appointment; Hearing; Procedure For Filling Position Or Vacancy; Temporary Appointments; Special Examinations; “appointing Officer” Defined.
(1) The civil service commission in each city, village, or municipality shall make rules providing for examinations of applicants for positions in the paid...
Section 38.512 Examinations; Nature; Contents; Notice; Commencement Of Examination For Promotion; Eligible List; Discrimination Prohibited; Competitive Vacancies Filled By Promotions; Probationary Period; Hearing.
(1) All examinations for positions shall be practical in their character and shall relate to those matters and shall include those inquiries as will...
Section 38.513 Reduction In Pay, Suspension Or Discharge; Discrimination Prohibited; Hearing By Civil Service Commission.
No person shall be reduced in pay or position, laid off, suspended, discharged or otherwise discriminated against by any appointing officer for religious or...
Section 38.514 Tenure; Grounds For Removal, Discharge, Suspension, Or Deprivation Of Privileges; Cause; Written Statement Of Charges; Answer; Hearing; Reinstatement; Record Of Testimony; Appeal; Counsel; Reduction Of Full-time Paid Members; New Appointments.
(1) The tenure of each person holding an office, place, position, or employment under this act shall be only during good behavior and efficient...
Section 38.515 Violation Of Act; Misdemeanor.
Any commissioner or examiner, or, any other person, who shall wilfully, by himself or in cooperation with 1 or more persons, defeat, deceive or...
Section 38.516 Violation Of Act; Penalty.
Whoever makes an appointment to office, or selects a person for employment contrary to the provisions of this act, or wilfully refuses or neglects...
Section 38.517 Definitions.
As used in this act: (a) “Appointing power” means each person or group of persons who, acting singly or in conjunction, as a mayor,...
Section 38.517a Approval Of Act By Majority Of Electors; Submission Of Question By Resolution; Petition; Form Of Ballot; Canvass; Certification Of Results; Effect Of Adoption.
(1) This act does not affect any city, village, or municipality until approved by a majority of the electors voting thereon at an election...
Section 38.517b Violation Of Mcl 168.1 To 168.992 Applicable To Petitions; Penalties.
A petition under section 17a, including the circulation and signing of the petition, is subject to section 488 of the Michigan election law, 1954...
Section 38.518 Rescission Of Act By Majority Of Electors; Submission Of Question; Form Of Ballot; Canvass; Certification Of Results; Effect Of Vote In Favor Of Rescission.
(1) This act shall continue in full force and effect in any city, village, or municipality in which it has been properly adopted until...

Last modified: October 10, 2016