reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 246 of 1965 - Township Civil Service System (38.451 - 38.470) › Section 38.460 - Classified Civil Service; Qualifying and Competitive Examinations Required; Exceptions.

38.460 Classified civil service; qualifying and competitive examinations required; exceptions.
Sec. 10.
All appointive officers and employees of the township or any department thereof at the time this act takes effect, and who have been such for more than 2 years prior thereto, whose positions are included in the classified civil service, shall hold their positions without examination until discharged, reduced, promoted or transferred, in accordance with the provisions of this act. All appointive officers and employees of the township or any department thereof included in the classified civil service by this act, who shall have been so employed for more than 1 year and less than 2 years prior to the time this act takes effect, shall be required to take qualifying examinations, and all such appointive officers and employees who shall have been so employed for less than 1 year prior to the effective date of this act shall be required to take competitive examinations. All employees now authorized by law to be employed in any township office or department for seasonal or temporary employment, who have been in such employment of the township for 2 successive seasons immediately prior to the time this act takes effect, shall be included in the classified civil service and be eligible for appointment to such seasonal or temporary occupation without examination.
History:
1965, Act 246, Eff. Mar. 31, 1966
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 246 of 1965 - Township Civil Service System (38.451 - 38.470) › Section 38.461 - Classified Civil Service; Vacancies, Promotion, Basis.

38.461 Classified civil service; vacancies, promotion, basis.
Sec. 11.
Wherever possible, vacancies shall be filled by promotion. Promotion shall be made from among employees, in the grades nearest below the grade in which the vacancy exists, qualified by training and experience to fill the vacancy and whose length of service in such lower grade entitles them to consideration. The commission, for the purpose of promotion, shall rate the qualified employees in the lower grades on the basis of their service record, experience in the work involved in the vacant position, training and qualification for such work, seniority and war service ratings. Seniority shall be controlling only when other factors are equal.
History:
1965, Act 246, Eff. Mar. 31, 1966
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 246 of 1965 - Township Civil Service System (38.451 - 38.470) › Section 38.462 - Classified Civil Service; Removal, Suspension or Reduction in Rank; Procedure; Appeal, Hearing; Findings of Civil Service Commission.

38.462 Classified civil service; removal, suspension or reduction in rank; procedure; appeal, hearing; findings of civil service commission.
Sec. 12.
Any officer or employee in the classified civil service may be removed, suspended or reduced in rank or compensation by the appointing authority after appointment or promotion is complete by an order in writing, stating specifically the reasons therefor. The order shall be filed with the civil service commission and a copy thereof shall be furnished to the person to be removed, suspended or reduced. The employee may reply in writing to the order within 5 days from the date of filing it with the civil service commission. Any person removed, suspended or reduced in rank or compensation, within 10 days after presentation to him of the order of removal, suspension or reduction, may appeal to the civil service commission. The commission, within 2 weeks from the filing of the appeal, shall commence the hearing thereon, and shall thereupon fully hear and determine the matter, and either affirm, modify or revoke such order. The appellant shall be entitled to appear personally, produce evidence, and to have counsel and a public hearing. The finding and decision of the commission shall be certified to the official from whose order the appeal is taken, and shall forthwith be enforced and followed by him, but under no condition shall the employee be removed, suspended or reduced in rank until the finding and decision of the commission is so certified.
History:
1965, Act 246, Eff. Mar. 31, 1966
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 246 of 1965 - Township Civil Service System (38.451 - 38.470) › Section 38.463 - Civil Service Commission; Annual Report to Township Board.

38.463 Civil service commission; annual report to township board.
Sec. 13.
The commission shall make an annual report to the township board at its annual meeting each year, or at any other time as may be required by the township board.
History:
1965, Act 246, Eff. Mar. 31, 1966
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 246 of 1965 - Township Civil Service System (38.451 - 38.470) › Section 38.464 - Payrolls; Approval by Civil Service Commission.

38.464 Payrolls; approval by civil service commission.
Sec. 14.
All payrolls shall be approved by the civil service commission, or by its secretary when authorized by the commission, before payment.
History:
1965, Act 246, Eff. Mar. 31, 1966
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 246 of 1965 - Township Civil Service System (38.451 - 38.470) › Section 38.465 - Civil Service Employees; Soliciting for Political Purposes Prohibited.

38.465 Civil service employees; soliciting for political purposes prohibited.
Sec. 15.
No officer or employee of the township in the classified civil service, directly or indirectly, shall make, solicit or receive, or be in any manner concerned in making, soliciting or receiving any assessment, subscription or contribution for any political party or any political purpose whatsoever. Any employee violating the provisions of this section may be removed from the office.
History:
1965, Act 246, Eff. Mar. 31, 1966
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 246 of 1965 - Township Civil Service System (38.451 - 38.470) › Section 38.466 - Civil Service Commission; Subpoena; Noncompliance, Penalty; Enforcement.

38.466 Civil service commission; subpoena; noncompliance, penalty; enforcement.
Sec. 16.
Any person who is served with a subpoena to appear and testify, or to produce books and papers issued by the commission in the course of the investigation conducted under the provisions of this act, and who refuses or neglects to appear or to testify as commanded in the subpoena, is guilty of a misdemeanor. The fees of witnesses for attendance and travel shall be the same as the fees of witnesses in the circuit court for the county in which the township is situated, and shall be paid from the appropriation for the expenses of the commission. The judge of the circuit court, either in term or vacation, upon application of the commission, shall compel the attendance of witnesses, the production of books and papers and giving of testimony before the commission by attachment for contempt or otherwise in the same manner as the production of evidence may be compelled before the court. Every person who, having taken an oath or made affirmation in a proceeding, swears or affirms wilfully, corruptly or falsely is guilty of a misdemeanor.
History:
1965, Act 246, Eff. Mar. 31, 1966
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 246 of 1965 - Township Civil Service System (38.451 - 38.470) › Section 38.467 - Violations; Penalties.

38.467 Violations; penalties.
Sec. 17.
(1) Except as provided in subsections (2) and (3), a person who knowingly violates this act, and a person who neglects or refuses to perform a duty enjoined upon the person by this act, is guilty of a misdemeanor. When, by this act, an act or duty is required to be done by or under the supervision or authority of an officer, and the act or duty is not done or performed, then the officer who has wilfully neglected to perform the duty, or has wilfully permitted the omission or nonperformance of the duty or act, is guilty of a misdemeanor. A person convicted of an act or omission which is by this act declared to be a misdemeanor, except as provided in subsection (2) or (3), shall be fined not less than $50.00 and not more than $100.00, or be imprisoned for not more than 90 days, or both.
(2) A member of the board who intentionally violates section 7(2) shall be subject to the penalties prescribed in Act No. 267 of the Public Acts of 1976.
(3) If the board arbitrarily and capriciously violates section 7(3), the board shall be subject to the penalties prescribed in Act No. 442 of the Public Acts of 1976.
History:
1965, Act 246, Eff. Mar. 31, 1966 ;-- Am. 1977, Act 212, Imd. Eff. Nov. 17, 1977
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 246 of 1965 - Township Civil Service System (38.451 - 38.470) › Section 38.468 - Classified Civil Service; Discrimination Prohibited.

38.468 Classified civil service; discrimination prohibited.
Sec. 18.
No person in the classified civil service or seeking admission thereto shall be appointed, reduced or removed, or in any way favored or discriminated against because of his political, racial or religious opinions or affiliations, except for membership in any organization which has advocated or does advocate disloyalty to the government of the United States or any subdivision thereof.
History:
1965, Act 246, Eff. Mar. 31, 1966
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 246 of 1965 - Township Civil Service System (38.451 - 38.470) › Section 38.469 - Civil Service Commission; Offices.

38.469 Civil service commission; offices.
Sec. 19.
The commission shall be provided with suitable offices, examination rooms, and accommodations for itself and staff, as may be required to suit the public convenience and carry on the work of the commission.
History:
1965, Act 246, Eff. Mar. 31, 1966
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 246 of 1965 - Township Civil Service System (38.451 - 38.470) › Section 38.470 - Township Board; Appropriations.

38.470 Township board; appropriations.
Sec. 20.
The township board shall provide the necessary appropriations to carry out the provisions of this act.
History:
1965, Act 246, Eff. Mar. 31, 1966
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 78 of 1935 - Firemen and Policemen Civil Service System (38.501 - 38.518) › Section 38.501 - Fire and Police Department Civil Service Commissions; Creation.

38.501 Fire and police department civil service commissions; creation.
Sec. 1.
Within 30 days after this act shall take effect there may be created a civil service commission in each city, village or municipality of any population whatsoever having a fire and/or police department, any of the members of which are full paid by said city, village or municipality.
History:
1935, Act 78, Imd. Eff. May 24, 1935 ;-- Am. 1945, Act 287, Imd. Eff. May 25, 1945 ;-- CL 1948, 38.501
Popular Name:
Police and Fire Civil Service Act
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 78 of 1935 - Firemen and Policemen Civil Service System (38.501 - 38.518) › Section 38.502 - Civil Service Commission; Membership, Appointment, Terms; Election of President.

38.502 Civil service commission; membership, appointment, terms; election of president.
Sec. 2.
The civil service commission shall consist of 3 members, 1 of whom shall be appointed by the principal elected officer of the city, village or municipality with the approval of the legislative body; and he shall serve for a period of 6 years from the date of his appointment. The second member of the commission shall be selected by the paid members of the fire and/or police department and he shall serve for a period of 4 years from the date of his appointment; a majority vote of the members of the fire and/or police department shall be necessary to select such member. The third member of the commission shall be selected by the aforesaid members of the commission and he shall serve for a period of 2 years from the date of his appointment. Thereafter all appointments shall be made for a period of 6 years each; each commissioner to serve until his successor is appointed and qualified by the appointing power hereinbefore designated.
The 3 members of the commission shall together elect 1 of their number to act as president of the commission, who shall serve for 1 year. Each year thereafter the commissioners shall elect 1 of their number, president, the member so elected to serve 1 year.
History:
1935, Act 78, Imd. Eff. May 24, 1935 ;-- Am. 1945, Act 287, Imd. Eff. May 25, 1945 ;-- CL 1948, 38.502 ;-- Am. 1951, Act 15, Eff. Sept. 28, 1951 ;-- Am. 1957, Act 43, Eff. Sept. 27, 1957
Popular Name:
Police and Fire Civil Service Act
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 78 of 1935 - Firemen and Policemen Civil Service System (38.501 - 38.518) › Section 38.503 - Civil Service Commission; Members, Qualifications.

38.503 Civil service commission; members, qualifications.
Sec. 3.
No person shall be appointed a member of said commission who is not a citizen of the United States and who has not been a resident of said city, village or municipality for a period of 1 year and an elector of said county for a period of at least 3 years immediately preceding such appointment. No commissioner shall hold any other elective office, place or position under the United States, state of Michigan, or any city, county or other political subdivision thereof; nor shall any commissioner serve on any political committee or take any active part in the management of any political campaign. Not more than 2 of the said commissioners, at any 1 time, shall be adherents of the same political party.
History:
1935, Act 78, Imd. Eff. May 24, 1935 ;-- CL 1948, 38.503 ;-- Am. 1949, Act 271, Eff. Sept. 23, 1949
Popular Name:
Police and Fire Civil Service Act
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 78 of 1935 - Firemen and Policemen Civil Service System (38.501 - 38.518) › Section 38.505 - Civil Service Commission; Clerk.

38.505 Civil service commission; clerk.
Sec. 5.
The city clerk or city recorder of any city, village or municipality under the terms of this act shall "ex officio" be clerk of the civil service commission and shall supply to the commission without extra compensation all necessary clerical and stenographic services for the work of the civil service commission.
History:
1935, Act 78, Imd. Eff. May 24, 1935 ;-- CL 1948, 38.505
Popular Name:
Police and Fire Civil Service Act
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 78 of 1935 - Firemen and Policemen Civil Service System (38.501 - 38.518) › Section 38.506 - Fire and Police Civil Service; Eligibility for Permanent Appointment.

38.506 Fire and police civil service; eligibility for permanent appointment.
Sec. 6.
For the benefit of the public service and to prevent delay, injury, or interruption therein by reason of the enactment of this act, all persons holding a position in the fire and/or police department, including the chief thereof, when this act takes effect, who shall have served in such position for a period of at least 6 months last past continuously, are hereby declared eligible for permanent appointment under civil service to the offices, places, positions or employments which they shall then hold, respectively, without examination or other act on their part, and not on probation; and every such person is hereby automatically adopted and inducted permanently into civil service, into such office, place, position or employment which such person then holds as completely and effectually to all intents and purposes as if such person had been permanently appointed thereto under civil service after examination and investigation: Provided, however, That any employee with less than 6 months' service shall be classed as probationer under this act.
History:
1935, Act 78, Imd. Eff. May 24, 1935 ;-- Am. 1943, Act 173, Eff. July 30, 1943 ;-- Am. 1945, Act 287, Imd. Eff. May 25, 1945 ;-- CL 1948, 38.506 ;-- Am. 1951, Act 15, Eff. Sept. 28, 1951
Popular Name:
Police and Fire Civil Service Act
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 78 of 1935 - Firemen and Policemen Civil Service System (38.501 - 38.518) › Section 38.507 - Appointments and Promotions; Competitive Examinations; Provisions Applicable to Appointment, Reinstatement, Promotion, or Discharge; Applicability of Section.

38.507 Appointments and promotions; competitive examinations; provisions applicable to appointment, reinstatement, promotion, or discharge; applicability of section.
Sec. 7.
Appointments to and promotions in all paid fire or police departments, or both of cities, villages, and municipalities shall be made only according to qualifications and fitness to be ascertained by competitive examinations, and no person shall be appointed, reinstated, promoted, or discharged as a full-time paid member of a department, regardless of rank or position, in any fire or police department of any city, village, or municipality in this state except as provided in this act. This section applies only to full-time paid members as defined in section 17.
History:
1935, Act 78, Imd. Eff. May 24, 1935 ;-- Am. 1945, Act 287, Imd. Eff. May 25, 1945 ;-- CL 1948, 38.507 ;-- Am. 1951, Act 15, Eff. Sept. 28, 1951 ;-- Am. 1986, Act 155, Imd. Eff. July 3, 1986
Popular Name:
Police and Fire Civil Service Act
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 78 of 1935 - Firemen and Policemen Civil Service System (38.501 - 38.518) › Section 38.508 - Civil Service Commission; Assistance by Municipal Executive Officers; Printing, Supplies.

38.508 Civil service commission; assistance by municipal executive officers; printing, supplies.
Sec. 8.
It shall be the duty of the mayor, or principal executive officer, and heads of departments of every city, village or municipality to aid the civil service commission in all proper ways in carrying out the provisions of this act, and to allow the reasonable use of public buildings and to cause suitable and convenient rooms and accommodations to be assigned and provided, and to be furnished, heated and lighted for carrying on the work and examinations of the civil service commission and in all proper ways to facilitate the same. The civil service commission may order from the proper authorities the necessary stationery, postage stamps, official seal and other articles to be supplied, and the necessary printing to be done, for its official use.
History:
1935, Act 78, Imd. Eff. May 24, 1935 ;-- CL 1948, 38.508
Popular Name:
Police and Fire Civil Service Act
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 78 of 1935 - Firemen and Policemen Civil Service System (38.501 - 38.518) › Section 38.510a - Repealed. 1986, Act 155, Imd. Eff. July 3, 1986.

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
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 78 of 1935 - Firemen and Policemen Civil Service System (38.501 - 38.518) › Section 38.513 - Reduction in Pay, Suspension or Discharge; Discrimination Prohibited; Hearing by Civil Service Commission.

38.513 Reduction in pay, suspension or discharge; discrimination prohibited; hearing by civil service commission.
Sec. 13.
No person shall be reduced in pay or position, laid off, suspended, discharged or otherwise discriminated against by any appointing officer for religious or political reasons or affiliations. In all cases of reductions, layoff, or suspension of an employee or subordinate, whether appointed for a definite term or otherwise the appointing authority shall furnish such employees or subordinate with a copy of reasons for layoff, reduction, or suspension and his reasons for the same, and give such employee or subordinate a reasonable time in which to make and file an explanation. Such order together with the explanation, if any, of the subordinate shall be filed with the commission: Provided, however, That the employee or subordinate shall be entitled to a hearing before the commission as provided in section 14. Nothing in this act contained shall limit the power of an appointing officer to suspend without pay, for purposes of discipline, an employee or subordinate for a reasonable period, not exceeding 30 days: Provided, however, That successive suspensions shall not be allowed, and after such suspension, employees shall be entitled to a hearing as provided for in this section and in section 14: And provided further, That the provisions of this act shall not apply to temporary and exceptional appointments made under the authority of this act.
History:
1935, Act 78, Imd. Eff. May 24, 1935 ;-- CL 1948, 38.513 ;-- Am. 1949, Act 271, Eff. Sept. 23, 1949
Popular Name:
Police and Fire Civil Service Act
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 78 of 1935 - Firemen and Policemen Civil Service System (38.501 - 38.518) › Section 38.515 - Violation of Act; Misdemeanor.

38.515 Violation of act; misdemeanor.
Sec. 15.
Any commissioner or examiner, or, any other person, who shall wilfully, by himself or in cooperation with 1 or more persons, defeat, deceive or obstruct any person in respect to his right of examination or registration according to this act, or to any rules or regulations prescribed pursuant thereto, or who shall wilfully or corruptly, falsely, mark, grade, estimate or report upon the examination or proper standing of any person examined, registered or certified, pursuant to the provisions of this act, or aid in doing so, or who shall wilfully or corruptly furnish to any person any special or secret information, for the purpose of either improving or injuring the prospects or chances of appointment of any person so examined, registered, or certified, or to be examined, registered or certified; or who shall impersonate any other person, or permit or aid in any manner any other person to impersonate him in connection with any examination or registration, or application or request to be examined or registered, shall, for each offense be deemed guilty of a misdemeanor.
History:
1935, Act 78, Imd. Eff. May 24, 1935 ;-- CL 1948, 38.515
Popular Name:
Police and Fire Civil Service Act
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 78 of 1935 - Firemen and Policemen Civil Service System (38.501 - 38.518) › Section 38.516 - Violation of Act; Penalty.

38.516 Violation of act; penalty.
Sec. 16.
Whoever makes an appointment to office, or selects a person for employment contrary to the provisions of this act, or wilfully refuses or neglects otherwise to comply with, or conform to, any of the provisions of this act, or violates any of such provisions, shall be deemed guilty of a misdemeanor. Misdemeanors under the provisions of this act shall be punishable by a fine of not less than $100.00, nor more than $1,000.00 or by imprisonment in state prison for a term not exceeding 2 years, or by both fine and imprisonment, in the discretion of the court.
History:
1935, Act 78, Imd. Eff. May 24, 1935 ;-- Am. 1943, Act 173, Eff. July 30, 1943 ;-- Am. 1945, Act 287, Imd. Eff. May 25, 1945 ;-- CL 1948, 38.516
Popular Name:
Police and Fire Civil Service Act
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 78 of 1935 - Firemen and Policemen Civil Service System (38.501 - 38.518) › Section 38.517 - Definitions.

38.517 Definitions.
Sec. 17.
As used in this act:
(a) "Appointing power" means each person or group of persons who, acting singly or in conjunction, as a mayor, city manager, council, common council, commission, or otherwise, is or are vested by law with power and authority to select, appoint, or employ any person to hold any office, place, position, or employment subject to civil service.
(b) "Appointment" means selection, promotion, appointing, or employing any person to hold any office, place, or position of employment subject to civil service.
(c) "City" means a city, village, or other municipality that has a full-time paid fire or police department, or both.
(d) "Commission" means the civil service commission created by this act.
(e) "Commissioner" means any 1 of the 3 commissioners of the commission.
(f) "Examination" means any test, process, evaluation, or any other procedure used to determine a candidate's merit, suitability, or fitness for the position for which he or she is applying.
(g) "Full-time paid member" means an officer, fire fighter, or police officer who is paid regularly by the city and devotes his or her whole time to fire fighting, law enforcement, or related activities.
(h) "Municipality" means a township, charter township, city, or incorporated village.
History:
1935, Act 78, Imd. Eff. May 24, 1935 ;-- Am. 1945, Act 287, Imd. Eff. May 25, 1945 ;-- CL 1948, 38.517 ;-- Am. 1951, Act 15, Eff. Sept. 28, 1951 ;-- Am. 1986, Act 155, Imd. Eff. July 3, 1986
Popular Name:
Police and Fire Civil Service Act
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 78 of 1935 - Firemen and Policemen Civil Service System (38.501 - 38.518) › 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.

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.
Sec. 17a.
(1) This act does not affect any city, village, or municipality until approved by a majority of the electors voting thereon at an election at which the question of adoption of this act for that city, village, or municipality is properly submitted.
(2) The governing body of any city, village, or municipality, by resolution, may submit the question described in subsection (1) to the electors of the city, village, or municipality at any regular or special election. In addition, the governing body of any city, village, or municipality, by resolution, shall submit the question described in subsection (1) to the electors of the city, village, or municipality at any regular or special election on the filing of a petition requesting a submission with the governing body, which petition is signed in accordance with the provisions of the city, village, or municipal charter for referendums on ordinances. If there are no provisions in the city, village, or municipal charter governing the submission of ordinances by referendum petition, then the petition must be signed by 10% of the registered voters in the city, village, or municipality.
(3) The form of ballot shall be as follows:
"Shall Act No. 78 of the Public Acts of 1935, entitled as amended, '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; and to repeal certain acts and parts of acts,' be adopted?
Yes ( )
No ( )."
(4) The ballots shall be cast and canvassed, and the results of the election certified in the same manner as ballots on any question submitted to the electors of the city, village, or municipality. If the majority of the qualified electors of the city, village, or municipality vote in favor of the adoption of this act, then this act shall be in full force and effect in that city, village, or municipality.
History:
1935, Act 78, Imd. Eff. May 24, 1935 ;-- CL 1948, 38.517a ;-- Am. 1949, Act 271, Eff. Sept. 23, 1949 ;-- Am. 1986, Act 155, Imd. Eff. July 3, 1986
Popular Name:
Police and Fire Civil Service Act
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 78 of 1935 - Firemen and Policemen Civil Service System (38.501 - 38.518) › Section 38.517b - Violation of MCL 168.1 to 168.992 Applicable to Petitions; Penalties.

38.517b Violation of MCL 168.1 to 168.992 applicable to petitions; penalties.
Sec. 17b.
A petition under section 17a, including the circulation and signing of the petition, is subject to section 488 of the Michigan election law, 1954 PA 116, MCL 168.488. A person who violates a provision of the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992, applicable to a petition described in this section is subject to the penalties prescribed for that violation in the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.
History:
Add. 1998, Act 199, Eff. Mar. 23, 1999
Popular Name:
Police and Fire Civil Service Act
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 78 of 1935 - Firemen and Policemen Civil Service System (38.501 - 38.518) › 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.

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.
Sec. 18.
(1) This act shall continue in full force and effect in any city, village, or municipality in which it has been properly adopted until rescinded by a majority of the electors voting thereon at an election at which the question of rescission of this act for that city, village, or municipality is properly submitted.
(2) The governing body of any city, village, or municipality, by resolution, may submit the question of rescission of this act, as it relates to the fire department or police department, or both, to the electors of that city, village, or municipality at any regular or special election.
(3) The form of ballot shall be as follows:
"Shall Act No. 78 of the Public Acts of 1935, entitled as amended, '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; and to repeal certain acts and parts of acts,' be rescinded?
Yes ( )
No ( )."
The ballots shall be cast and canvassed, and the results of the election certified in the same manner as ballots on any question submitted to the electors of the city, village, or municipality. If the majority of the qualified electors of the city, village, or municipality vote in favor of the rescission of this act, then this act is rescinded in that city, village, or municipality.
History:
Add. 1951, Act 88, Eff. Sept. 28, 1951 ;-- Am. 1986, Act 155, Imd. Eff. July 3, 1986
Former Law:
See section 18 of Act 78 of 1935, which was repealed by Act 267 of 1945.
Popular Name:
Police and Fire Civil Service Act
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 201 of 1970 - Police Cadet Training Program (38.521 - 38.521) › Section 38.521 - Police Cadet Training Program; Applicability of Subsection (2).

***** 38.521 SUBSECTION (2) DOES NOT APPLY ON OR AFTER JULY 1, 1987: See (2) of 38.521 *****
38.521 Police cadet training program; applicability of subsection (2).
Sec. 1.
(1) A city, village, or township that has adopted the provisions of Act No. 78 of the Public Acts of 1935, as amended, being sections 38.501 to 38.518 of the Michigan Compiled Laws, may operate a police cadet training program. An applicant for enrollment in the program shall meet all the requirements of that act for a position in the police department, except that the applicant shall be not less than 18 years of age and not more than 31 years of age. A person enrolled in the program shall not fulfill any functions, other than administrative, of a police officer until he or she receives a favorable recommendation from the appointing officer to the civil service commission or to the appointing authority if there is no civil service commission. A police cadet recommended for advancement to police officer shall receive preferential consideration for the position over other applicants. A police cadet shall serve as a cadet for not more than 4 years.
(2) Notwithstanding subsection (1), any cadet who is serving as a police cadet on or after March 31, 1983 shall be entitled to serve as a cadet for not more than 8 years. This subsection shall not apply on or after July 1, 1987.
History:
1970, Act 201, Imd. Eff. Aug. 25, 1970 ;-- Am. 1972, Act 46, Imd. Eff. Feb. 19, 1972 ;-- Am. 1978, Act 72, Imd. Eff. Mar. 21, 1978 ;-- Am. 1983, Act 19, Imd. Eff. Mar. 31, 1983 ;-- Am. 1985, Act 72, Imd. Eff. July 1, 1985
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 345 of 1937 - Fire Fighters and Police Officers Retirement Act (38.551 - 38.562) › Section 38.551 - Fire and Police Department Pension and Retirement System; Retirement Board, Members, Election, Appointment, Terms.

38.551 Fire and police department pension and retirement system; retirement board, members, election, appointment, terms.
Sec. 1.
The retirement board, also referred to in this act as the pension board, created hereunder shall be known as "The retirement board" and shall be a corporate body, consisting of 5 members, which shall consist of:
(1) The treasurer of the city, village or municipality, so affected hereby.
(2) Two additional members, 1 of whom shall be an active member of and elected by a majority vote of the members of the fire department, and 1 of whom shall be an active member of and elected by a majority vote of the members of the police department under such rules and regulations as the retirement board shall adopt to govern such election. Each such member shall serve for a term of 4 years, except that in the first instance, the member elected by the police department shall serve for a term of 2 years. If in the first instance only the fire department or only the police department is included in the retirement plan, the 2 additional members shall be elected from that department and the candidate receiving the highest number of votes shall be elected for the 4-year term and the candidate receiving the second highest number of votes shall be elected for the 2-year term.
(3) Two additional members shall be appointed by the legislative body or another person or body authorized by the city or village charter to appoint administrative officials in any city or village affected by the provisions of this act.
History:
1937, Act 345, Eff. Oct. 29, 1937 ;-- Am. 1945, Act 256, Eff. Sept. 6, 1945 ;-- Am. 1947, Act 229, Imd. Eff. June 17, 1947 ;-- CL 1948, 38.551 ;-- Am. 1951, Act 16, Imd. Eff. Mar. 30, 1951 ;-- Am. 1959, Act 105, Eff. Mar. 19, 1960
Popular Name:
Act 345
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 345 of 1937 - Fire Fighters and Police Officers Retirement Act (38.551 - 38.562) › Section 38.551a - Short Title.

38.551a Short title.
Sec. 1a.
This act shall be known and may be cited as the "fire fighters and police officers retirement act".
History:
Add. 1989, Act 7, Imd. Eff. May 3, 1989
Popular Name:
Act 345
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 345 of 1937 - Fire Fighters and Police Officers Retirement Act (38.551 - 38.562) › Section 38.552 - Retirement Board; Powers and Duties.

38.552 Retirement board; powers and duties.
Sec. 2.
The retirement board created under this act shall perform the following:
(1) Make rules and regulations necessary to the proper conduct of the business of the retirement system.
(2) Retain legal, medical, actuarial, clerical, or other services as may be necessary for the conduct of the affairs of the retirement system and make compensations for the services retained.
(3) Cause amounts as established by law to be deducted from the salaries of active members of the retirement system and be paid into the treasury of the retirement system.
(4) Certify to the governing body of the city, village, or municipality the amount to be contributed by the city, village, or municipality as provided in this act.
(5) Cause the examination of each disability pensioner or beneficiary less than 55 years of age to be made at least once a year for the first 5 years following the pensioner's retirement, and at least once each 3 years after the 5 year period, until the pensioner has reached 55 years of age.
(6) Keep records of its meetings and proceedings. The board shall hold meetings at least once each month. The business which the retirement board may perform shall be conducted at a public meeting of the board held in compliance with Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act No. 267 of the Public Acts of 1976. A writing prepared, owned, used, in the possession of, or retained by the board in the performance of an official function shall be made available to the public in compliance with Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws.
(7) The board shall annually elect a president and secretary from among its members.
(8) Disburse the pensions and other benefits payable under this act.
(9) A member of the board shall not receive additional compensation for services as a board member.
History:
1937, Act 345, Eff. Oct. 29, 1937 ;-- Am. 1945, Act 256, Eff. Sept. 6, 1945 ;-- Am. 1947, Act 229, Imd. Eff. June 17, 1947 ;-- CL 1948, 38.552 ;-- Am. 1951, Act 16, Imd. Eff. Mar. 30, 1951 ;-- Am. 1977, Act 209, Imd. Eff. Nov. 17, 1977
Constitutionality:
The authority delegated to the retirement board by MCL 38.552 of the Michigan Compiled Laws does not constitutionally abrogate the taxation, budgeting, and legislative responsibilities of the township. Retirement Bd v Shelby Twp, 438 Mich 247; 475 NW2d 249 (1991).
Popular Name:
Act 345
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 345 of 1937 - Fire Fighters and Police Officers Retirement Act (38.551 - 38.562) › Section 38.552a - Compliance With Requirements Under Protecting Local Government Retirement and Benefits Act.

38.552a Compliance with requirements under protecting local government retirement and benefits act.
Sec. 2a.
A retirement board under this act, a retirement system under this act, and a city, village, or municipality that is the custodian of funds of a retirement system under this act shall comply with any applicable requirements under the protecting local government retirement and benefits act.
History:
Add. 2017, Act 211, Imd. Eff. Dec. 20, 2017
Popular Name:
Act 345
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 345 of 1937 - Fire Fighters and Police Officers Retirement Act (38.551 - 38.562) › Section 38.553 - Retirement System Funds; Treasurer as Custodian; Bond; Disbursement of Funds; Execution of Voucher or Warrant; Authorization.

38.553 Retirement system funds; treasurer as custodian; bond; disbursement of funds; execution of voucher or warrant; authorization.
Sec. 3.
The treasurer of the city, village, or municipality shall be the custodian of all funds of the retirement system and shall be required to give a good and sufficient bond to the retirement board for the faithful performance of his or her duties and the safekeeping of all money collected under this act. The bond shall be paid by the city, village, or municipality. The treasurer shall issue warrants for the disbursement of the funds of the retirement system upon the receipt of a voucher signed by at least 2 members of the retirement board other than the treasurer. The treasurer shall not execute a voucher or warrant unless the voucher or warrant has been previously authorized by resolution adopted by the board.
History:
1937, Act 345, Eff. Oct. 29, 1937 ;-- Am. 1945, Act 256, Eff. Sept. 6, 1945 ;-- Am. 1947, Act 229, Imd. Eff. June 17, 1947 ;-- CL 1948, 38.553 ;-- Am. 1989, Act 7, Imd. Eff. May 3, 1989
Popular Name:
Act 345
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 345 of 1937 - Fire Fighters and Police Officers Retirement Act (38.551 - 38.562) › Section 38.554 - Credit for Prior Service.

38.554 Credit for prior service.
Sec. 4.
All service performed by members prior to the enactment of this act by any city, village or township, including service performed for predecessor townships, shall be computed to the credit of each member so affected.
History:
1937, Act 345, Eff. Oct. 29, 1937 ;-- Am. 1939, Act 210, Eff. Sept. 29, 1939 ;-- Am. 1947, Act 229, Imd. Eff. June 17, 1947 ;-- CL 1948, 38.554 ;-- Am. 1957, Act 52, Eff. Sept. 27, 1957 ;-- Am. 1958, Act 159, Eff. Sept. 13, 1958
Popular Name:
Act 345
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 345 of 1937 - Fire Fighters and Police Officers Retirement Act (38.551 - 38.562) › Section 38.555 - Retirement Board; Quasi-Judicial Body; Review of Actions by Writ of Certiorari.

38.555 Retirement board; quasi-judicial body; review of actions by writ of certiorari.
Sec. 5.
The board shall be a quasi-judicial body, and its actions shall be reviewable by writ of certiorari only.
History:
1937, Act 345, Eff. Oct. 29, 1937 ;-- CL 1948, 38.555
Popular Name:
Act 345
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 345 of 1937 - Fire Fighters and Police Officers Retirement Act (38.551 - 38.562) › Section 38.556a - Municipality Having Population of 80,000 or More; Applicability of MCL 38.556(1)(h) to Certain Members.

38.556a Municipality having population of 80,000 or more; applicability of MCL 38.556(1)(h) to certain members.
Sec. 6a.
In a municipality having a population of 80,000 or more, section 6(1)(h) shall be applicable to any member who continues in service on or after the date he or she acquires 15 years of service credit.
History:
Add. 1963, Act 57, Eff. Sept. 6, 1963 ;-- Am. 1982, Act 145, Imd. Eff. Apr. 28, 1982 ;-- Am. 2003, Act 8, Imd. Eff. May 20, 2003
Popular Name:
Act 345
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 345 of 1937 - Fire Fighters and Police Officers Retirement Act (38.551 - 38.562) › Section 38.556b - Remarriage of Surviving Spouse; Applicability of Subsection (1) to Municipality.

38.556b Remarriage of surviving spouse; applicability of subsection (1) to municipality.
Sec. 6b.
(1) Notwithstanding section 6 or any predecessor to section 6, the remarriage of a surviving spouse shall not render the surviving spouse ineligible to receive a pension described in section 6(1)(i) or a duty death pension described in section 6(2)(a). A surviving spouse whose pension described in section 6(1)(i) or duty death pension described in section 6(2)(a) was terminated due to the surviving spouse's remarriage shall be eligible to receive that pension or duty death pension beginning on the first day of the month following the month in which written application for reinstatement is filed with the board, but shall not be eligible to receive the pension or duty death pension attributable to any month beginning before the month of reinstatement under this section.
(2) Beginning on the effective date of the amendatory act that amended this subsection, the provisions of subsection (1) that apply to a surviving spouse who is eligible to receive a pension described in section 6(1)(i) shall apply to a municipality upon approval by resolution of the governing body of the municipality.
(3) Beginning on the effective date of the amendatory act that added this subsection, a surviving spouse who is eligible to receive a duty death pension described in section 6(2)(a) and who remarries after the effective date of the amendatory act that added this subsection shall not be denied a duty death pension described in section 6(2)(a) by a municipality because of the remarriage of the surviving spouse.
History:
Add. 1986, Act 30, Imd. Eff. Mar. 10, 1986 ;-- Am. 2003, Act 8, Imd. Eff. May 20, 2003
Compiler's Notes:
Former MCL 38.556b, pertaining to vested rights in pensions and benefits, was repealed by Act 321 of 1976.
Popular Name:
Act 345
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 345 of 1937 - Fire Fighters and Police Officers Retirement Act (38.551 - 38.562) › Section 38.556c - Service Credit for Employment in Transitional Public Employment Program; Payment of Contributions and Regular Interest; Payroll Deduction; Amount in Reserve; Payment of Contributions by Current Employer; Accident, Disability, or Other Benefits.

38.556c Service credit for employment in transitional public employment program; payment of contributions and regular interest; payroll deduction; amount in reserve; payment of contributions by current employer; accident, disability, or other benefits.
Sec. 6c.
(1) If a person who participated in a transitional public employment program becomes a member of a retirement system established under this act within 12 months after the date of termination as a participant in a transitional public employment program, service credit shall be given for employment in the transitional public employment program for purposes of determining a retirement allowance upon the payment by the person and the person's employer under the transitional public employment program from funds provided under the comprehensive employment and training act, 29 U.S.C. 801 to 992, as funds permit, to the retirement system of the contributions, plus regular interest, the person and the employer would have paid had the employment been rendered in a position covered by this act. During the person's employment in the transitional public employment program, the person's employer shall provide an opportunity by payroll deduction for the person to make his or her employee contribution to the applicable pension system. To provide for the eventual payment of the employer's contribution, the person's employer shall during this same period place in reserve a reasonable but not necessarily an actuarially determined amount equal to the contributions which the employer would have paid to the retirement system for those employees in the transitional public employment program as if they were members under this act, but only for that number of employees which the employer determined would transfer from the transitional public employment program into positions covered by this act. If the funds provided under the comprehensive employment and training act are insufficient, the remainder of the employer contributions shall be paid by the person's current employer.
(2) The provisions of subsection (1) shall not exclude the participant in a transitional public employment program from the accident, disability or other benefits available to members of the retirement system covered by this act.
History:
Add. 1978, Act 421, Imd. Eff. Sept. 30, 1978
Popular Name:
Act 345