2023 Michigan Compiled Laws › Chapter 51 - Sheriffs › Act 298 of 1966 - Civil Service Commission (51.351 - 51.367) › Section 51.360 - Civil Service Examination; Application; Filing; Contents; Forms; Certificates; Grounds for Refusing to Examine or Certify Applicant; Hearing; Review; Physical Examination; Age; Residence; Reinstatement.

51.360 Civil service examination; application; filing; contents; forms; certificates; grounds for refusing to examine or certify applicant; hearing; review; physical examination; age; residence; reinstatement.
Sec. 10.
(1) The civil service commission shall require an individual applying for admission to an examination provided for under this act or under the rules of the commission to file in its office, within a reasonable time prior to the proposed examination, a formal application in which the applicant shall state under oath or affirmation all of the following:
(a) Full name, residence, and post office address.
(b) Citizenship, age, and the place and date of birth.
(c) Health and physical capacity for the position for which the applicant is applying.
(d) Each residence and business or place of employment for not less than the previous 3 years. The commission shall establish educational requirements, but the requirements shall not call for less than an eighth grade education.
(f) Other information as may reasonably and legally be requested regarding the applicant's qualifications and fitness for the position for which the applicant is applying.
(2) Blank forms for applications shall be furnished by the commission, without charge, to all persons requesting an application. The commission may require, in connection with the application, certificates of citizens, physicians, or others having knowledge of the applicant as the good of the service requires. The commission may refuse to examine an applicant or, after examination, to certify as eligible an applicant who falls under any of the following disqualifications:
(a) Lacks any of the established preliminary requirements for the examination or position of employment for which the applicant applied.
(b) Is so physically disabled as to be rendered unfit for the performance of the duties of the position to which the applicant seeks appointment.
(c) Is a habitual user of intoxicating liquors or an illegal user of 1 or more controlled substances.
(d) Has been found guilty of a crime.
(e) Has been dismissed from the public service for delinquency or misconduct.
(f) Has made a false statement of any material fact, or practiced or attempted to practice a deception or fraud in the application, in the examination, or in securing eligibility.
(g) Refuses to comply with the rules and regulations of the commission.
(3) If any applicant feels aggrieved by the action of the commission in refusing to examine the applicant or, after an examination, to certify the applicant as eligible, the commission, at the request of the applicant, shall appoint a time and a place for a public hearing, at which time the applicant may appear, personally or with counsel, and the commission shall then review its refusal of examination or certification, and testimony shall be taken. The commission shall subpoena, at the expense of the applicant, any competent witnesses requested by the applicant. After review, the commission shall file the testimony taken in its records and shall again make a decision, which decision shall be reviewable on writ of certiorari.
(4) Prior to taking the examination, all applicants for any position in the department shall undergo a physical examination, which may be performed by a licensed physician, a licensed physician's assistant, or a certified nurse practitioner but shall be conducted under the supervision of a commission composed of at least 2 physicians appointed to the commission by the board of supervisors. The commission shall certify that an applicant is free from any bodily or mental defects, deformity, or diseases that might incapacitate the applicant from the performance of the duties of the position desired. Applications will not be accepted if the person applying is less than 18 years of age and has not been a resident of this state for at least 1 year prior to the application for any position in the department. If any applicant has formerly served in the department of the county to which the application is made for a period of more than 10 years, has resigned from the department at a time when there were no charges of misconduct or other misfeasance pending against the applicant within a period of 2 years next preceding the date of his or her application, and is a resident of that county, then that applicant is eligible for reinstatement at the discretion of the civil service commission. The applicant, providing his or her former term of service so justifies, may be reappointed to the department without examination other than a physical examination. If an applicant is reinstated to the department, the applicant shall be the lowest in rank in the department next above the probationers of the department. This subsection does not require new or additional third party reimbursement or worker's compensation benefits for services rendered.
History:
1966, Act 298, Imd. Eff. July 14, 1966 ;-- Am. 1972, Act 81, Imd. Eff. Mar. 15, 1972 ;-- Am. 1972, Act 125, Imd. Eff. May 4, 1972 ;-- Am. 2004, Act 132, Imd. Eff. June 3, 2004
Compiler's Notes:
Following subdivision (d) of subsection (1), the subdivision labeled “(f)” evidently should be labeled “(e)”.