SENATE JOINT RESOLUTION O

 

 

October 11, 2011, Introduced by Senators JANSEN, CASWELL, PROOS, GREEN, PAPPAGEORGE and SCHUITMAKER and referred to the Committee on Reforms, Restructuring and Reinventing.

 

 

 

     A joint resolution proposing an amendment to the state

 

constitution of 1963, by amending section 48 of article IV and

 

section 5 of article XI, to grant power to the legislature to

 

establish dispute resolution procedures and regulate compensation

 

for employees in the state classified civil service and to restrict

 

state employment benefits to certain persons.

 

     Resolved by the Senate and House of Representatives of the

 

state of Michigan, That the following amendment to the state

 

constitution of 1963, to grant power to the legislature to

 

establish dispute resolution procedures and regulate compensation

 

for employees in the state classified civil service and to restrict

 

state employment benefits to certain persons, is proposed, agreed

 

to, and submitted to the people of the state:


 

ARTICLE IV

 

     Sec. 48. The legislature may enact laws providing for the

 

resolution of disputes concerning public employees. , except those

 

in the state classified civil service.

 

ARTICLE XI

 

     Sec. 5. The classified state civil service shall consist of

 

all positions in the state service except those filled by popular

 

election, heads of principal departments, members of boards and

 

commissions, the principal executive officer of boards and

 

commissions heading principal departments, employees of courts of

 

record, employees of the legislature, employees of the state

 

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 by the

 

department head, two other exempt positions, one of which shall be

 

policy-making. The civil service commission may exempt three

 

additional positions of a policy-making nature within each

 

principal department.

 

     The civil service commission shall be non-salaried and shall

 

consist of four persons, not more than two of whom shall be members

 

of the same political party, appointed by the governor for terms of

 

eight years, no two of which shall expire in the same year.

 

     The administration of the commission's powers shall be vested

 

in a state personnel director who shall be a member of the

 

classified service and who shall be responsible to and selected by

 

the commission after open competitive examination.

 

     The commission shall classify all positions in the classified


 

service according to their respective duties and responsibilities ,

 

fix rates of compensation for all classes of positions, approve or

 

disapprove disbursements for all personal services, and determine

 

by competitive examination and 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 personnel transactions, and regulate

 

all conditions of employment in the classified service.

 

     State Police Troopers and Sergeants shall, through their

 

elected representative designated by 50% of such troopers and

 

sergeants, have the right to bargain collectively with their

 

employer concerning conditions of their employment, compensation,

 

hours, working conditions, 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 now

 

provided by law for Public Police and Fire Departments.

 

     No person shall be appointed to or promoted in the classified

 

service who has not been certified by the commission as qualified

 

for such appointment or promotion. No appointments, promotions,

 

demotions or removals in the classified service shall be made for

 

religious, racial or partisan considerations.

 

     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 such


 

increases to the legislature as part of his budget. The legislature

 

may, by a majority vote of the members elected to and serving in

 

each house, waive the notice and permit increases in 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 reduce rates of compensation below those in

 

effect at the time of the transmission of increases authorized by

 

the commission.

 

     The appointing authorities may create or abolish positions for

 

reasons of administrative efficiency without the approval of the

 

commission. Positions shall not be created nor abolished except for

 

reasons of administrative efficiency. Any employee considering

 

himself aggrieved by the abolition or creation of a position shall

 

have a right of appeal to the commission through established

 

grievance procedures.as provided by law.

 

     The civil service commission shall recommend to the governor

 

and to the legislature rates of compensation for all classified and

 

non-classified appointed positions within the executive department.

 

not a part of the classified service.

 

     To enable the commission to exercise its powers, the

 

legislature shall appropriate to the commission for the ensuing


 

fiscal year a sum not less than one percent of the aggregate

 

payroll 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

 

treasury all moneys unexpended for that fiscal year.

 

     The state shall not provide health care and other employment

 

benefits to a person other than an employee of the state, a person

 

married to the employee in accord with Section 25 of Article I, or

 

a dependent child of the employee. A collective bargaining

 

agreement that is in effect on the date that the results of the

 

election approving the addition of this paragraph are certified

 

shall be given effect during its term, except as to provisions in

 

conflict with this paragraph.

 

     The commission shall furnish reports of expenditures, at least

 

annually, to the governor and the legislature and shall be subject

 

to annual audit as provided by law.

 

     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 mandamus proceedings brought by any

 

citizen of the state.

 

     Resolved further, That the foregoing amendment shall be

 

submitted to the people of the state at the next general election

 

in the manner provided by law.