September 10, 2009, Introduced by Rep. Paul Scott and referred to the Committee on Judiciary.
A joint resolution proposing an amendment to the state
constitution of 1963, by amending section 9 of article IV and
section 5 of article XI, to provide for advice and consent on
certain appointments made by the governor and certain appointments
to the classified state civil service.
Resolved by the Senate and House of Representatives of the
state of Michigan, That the following amendment to the state
constitution of 1963, to provide for advice and consent on certain
appointments made by the governor and certain appointments to the
classified state civil service, is proposed, agreed to, and
submitted to the people of the state:
ARTICLE IV
Sec. 9. (1) No person elected to the legislature shall receive
any civil appointment within this state from the governor, except
notaries public, from the legislature, or from any other state
authority, during the term for which he or she is elected.
(2) No former member of the legislature or former candidate
for the legislature shall receive any appointment within this state
from the governor without the advice and consent of the senate.
ARTICLE XI
Sec. 5. (1) 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.
(2) 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.
(3) 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.
(4) 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, 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.
(5) State Police Troopers and Sergeants shall, through their
elected
representative designated by 50% of such those 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 that 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.
(6) No person shall be appointed to or promoted in the
classified service who has not been certified by the commission as
qualified
for such that appointment or promotion. No appointments,
promotions, demotions, or removals in the classified service shall
be made for religious, racial, or partisan considerations. No
former member of the legislature or former candidate for the
legislature shall be appointed to the classified state civil
service without the advice and consent of the senate.
(7) 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
the increases to the legislature as part of his or her 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 the
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.
(8) 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.
(9) 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 classified service.
(10) 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 funds unexpended for that fiscal year.
(11) 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.
(12) 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.