Mi. Const. art. XI, § 5 — Article XI / Section 5
Mich. Const. art. XI, § 5
Status: in_force

Classifiedstatecivilservice;scope;exemptedpositions;appointmentandterms of members of state civil service commission; state personnel director; duties of commission; collective bargaining for state police troopers and sergeants; appointments, promotions, demotions, or removals; increases or reductions in compensation; creating or abolishing positions; recommending compensation for unclassified service; appropriation; reports of expenditures; annual audit; paymentforpersonalservices;violation;injunctiveormandamusproceedings. Sec. 5. The classified state civil service shall consist of all positions in the state service exceptthosefilledbypopularelection,headsofprincipaldepartments,membersofboardsand Art.XI,§5 CONSTITUTION OF MICHIGAN OF 1963 54 commissions, the principal executive officer of boards and commissions heading principal departments,employeesofcourtsofrecord,employeesofthelegislature,employeesofthestate institutions of higher education, all persons in the armed forces of the state, eight exempt positions in the office of the governor, and within each principal department, when requested bythedepartmenthead,twootherexemptpositions,oneofwhichshallbepolicy-making.The civil service commission may exempt three additional positions of a policy-making nature withineachprincipaldepartment. Thecivilservicecommissionshallbenon-salariedandshallconsistoffourpersons,notmore thantwoofwhomshallbemembersofthesamepoliticalparty,appointedbythegovernorfor termsofeightyears,notwoofwhichshallexpireinthesameyear. Theadministrationofthecommission’spowersshallbevestedinastatepersonneldirector whoshallbeamemberoftheclassifiedserviceandwhoshallberesponsibletoandselectedby thecommissionafteropencompetitiveexamination. Thecommissionshallclassifyallpositionsintheclassifiedserviceaccordingtotheirrespective duties and responsibilities, fix rates of compensation for all classes of positions, approve or disapprovedisbursementsforallpersonalservices,determinebycompetitiveexaminationand performance exclusively on the basis of merit, efficiency and fitness the qualifications of all candidates for positions in the classified service, make rules and regulations covering all personneltransactions,andregulateallconditionsofemploymentintheclassifiedservice. StatePoliceTroopersandSergeantsshall,throughtheirelectedrepresentativedesignated by 50% of such troopers and sergeants, have the right to bargain collectively with their employerconcerningconditionsoftheiremployment,compensation,hours,workingconditions, retirement, pensions, and other aspects of employment except promotions which will be determined by competitive examination and performance on the basis of merit, efficiency and fitness; and they shall have the right 30 days after commencement of such bargaining to submit any unresolved disputes to binding arbitration for the resolution thereof the same as nowprovidedbylawforPublicPoliceandFireDepartments. No person shall be appointed to or promoted in the classified service who has not been certifiedbythecommissionasqualifiedforsuchappointmentorpromotion.Noappointments, promotions, demotions or removals in the classified service shall be made for religious, racial orpartisanconsiderations. Increases in rates of compensation authorized by the commission may be effective only at the start of a fiscal year and shall require prior notice to the governor, who shall transmit suchincreasestothelegislatureaspartofhisbudget.Thelegislaturemay,byamajorityvote ofthememberselectedtoandservingineachhouse,waivethenoticeandpermitincreasesin rates of compensation to be effective at a time other than the start of a fiscal year. Within 60 calendar days following such transmission, the legislature may, by a two-thirds vote of the members elected to and serving in each house, reject or reduce increases in rates of compensation authorized by the commission. Any reduction ordered by the legislature shall apply uniformly to all classes of employees affected by the increases and shall not adjust pay differentials already established by the civil service commission. The legislature may not reduceratesofcompensationbelowthoseineffectatthetimeofthetransmissionofincreases authorizedbythecommission. The appointing authorities may create or abolish positions for reasons of administrative efficiencywithouttheapprovalofthecommission.Positionsshallnotbecreatednorabolished exceptforreasonsofadministrativeefficiency.Anyemployeeconsideringhimselfaggrievedby the abolition or creation of a position shall have a right of appeal to the commission through establishedgrievanceprocedures. The civil service commission shall recommend to the governor and to the legislature rates of compensation for all appointed positions within the executive department not a part of the classifiedservice. To enable the commission to exercise its powers, the legislature shall appropriate to the commissionfortheensuingfiscalyearasumnotlessthanonepercentoftheaggregatepayroll of the classified service for the preceding fiscal year, as certified by the commission. Within six months after the conclusion of each fiscal year the commission shall return to the state treasuryallmoneysunexpendedforthatfiscalyear. 55 PUBLIC OFFICERS AND EMPLOYMENT Art.XI,§8 The commission shall furnish reports of expenditures, at least annually, to the governor andthelegislatureandshallbesubjecttoannualauditasprovidedbylaw. No payment for personal services shall be made or authorized until the provisions of this constitution pertaining to civil service have been complied with in every particular. Violation of any of the provisions hereof may be restrained or observance compelled by injunctive or mandamusproceedingsbroughtbyanycitizenofthestate. History: Const.1963,Art.XI,§5,Eff.Jan.1,1964;—Am.Init.,approvedNov.7,1978,Eff.Dec.23,1978. FormerConstitution: SeeConst.1908,Art.VI,§22.