September 9, 2014, Introduced by Rep. Kesto and referred to the Committee on Local Government.
A bill to amend 1935 PA 78, entitled
"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; to prescribe penalties and provide remedies; and to
repeal acts and parts of acts,"
by amending section 12 (MCL 38.512), as amended by 1986 PA 155.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 12. (1) All examinations for positions shall be practical
in their character and shall relate to those matters and shall
include those inquiries as will fairly and fully test the
comparative merit and fitness of the persons examined to discharge
the duties of the employment sought by them. All examinations shall
be open to all applicants who have fulfilled the preliminary
requirements prescribed by this act. Notice of the time and place
for accepting applications shall be given by the commission by
publication for 2 weeks in the official paper of the city, village,
or municipality, and the notice shall be posted by the commission
in a conspicuous place in the office and on the bulletin boards of
the city, village, or municipality for 2 weeks. Beginning January
1, 2015, instead of publication in the official paper of the city,
village, or municipality, the commission shall give tier C public
notice of the time and place for accepting applications as set
forth in the local government public notice act. Further notice may
be given as the commission shall prescribe. However, a newspaper
advertisement shall not be required for an examination for a
promotion. The examination process shall begin within 6 months
after the closing date for the acceptance of applications. However,
the commission may delay or cancel the examination process for good
cause. The commission shall post, in a public place at its office,
the eligible list containing the names and grades of those who have
passed examinations for positions or promotions in fire or police
departments under this act, and shall indicate any appointments
that will be made from the list. Beginning January 1 2015, in
addition to posting at its office, the commission shall give tier C
public notice of the eligible list as set forth in the local
government public notice act. No question in any form of
application or in any examination shall be so framed as to elicit
information concerning the political or religious opinions or
affiliations of any applicant; nor shall inquiries be made
concerning those opinions or affiliations; and all disclosures
thereof shall be discouraged. Discrimination shall not be
exercised, threatened, or promised by any person in the fire or
police department against or in favor of an eligible applicant or
employee in fire or police departments under this act because of
his or her political or religious opinions or affiliations.
(2) Vacancies in positions in the fire and police departments
above the rank of fire fighter or police officer shall be
competitive
and shall be filled competitively by promotions from
among persons holding positions in the next lower rank in the
departments who have completed 2 years in that rank and who have
been employed at least 5 years in the department. If there are more
vacancies
than there are persons with 5 years years' employment in
the department, the commission may lower the requirements to 3
years
in the department. If no person or persons have has completed
2 years in the next lower rank, the commission may hold
examinations
among persons in such that
rank as to all intent and
for all purposes as though 2 years of service had been completed by
those
persons. Promotions shall be based upon merit to be as
ascertained by tests to be provided by the civil service commission
and
upon the superior qualifications of the persons person promoted
as
shown by his or her previous service and experience. In the
event
of If only 1 person is in the next lower rank, 1
or more
persons in the second lower rank who have completed at least 5
years in the department may also compete for the vacancy. Whenever
a position becomes vacant for which examinations are held, the
appointing power shall ask the commission for the name of the
person eligible for appointment. The commission shall certify the
name of the person highest on the eligible list at preceding
examinations
held under this act within a period of 2 years next
immediately preceding the date of the appointment for the class to
which the vacant position has been allocated, who is willing to
accept employment. If more than 1 vacancy is to be filled, an
additional name shall be certified in the same manner for each
additional vacancy. The appointing power immediately shall appoint
the person to the position. To enable the appointing power to
exercise a choice in the filling of positions of promotion in the
fire or police service, a promotion shall not be considered
complete until after the expiration of a period of 6 months'
probationary service, and if at the end of the probationary period
the appointing authority finds that the conduct or capacity of the
probationer has not been satisfactory, the appointing authority
shall notify the probationer and the commission in writing.
Otherwise, his or her retention in the higher position shall be
equivalent to receiving full status and regular employment in the
higher position. The probationer, upon receiving notice that his or
her conduct or capacity has not been satisfactory in the higher
position, may demand a written statement of particulars of reasons
for that determination and may demand a hearing before the
commission. The demands shall be in writing. In such a case, the
probationer
shall be is entitled to a hearing before the commission
and to a statement of particulars to be served not less than 7 days
before the date of the hearing. The commission may affirm or
reverse the decision of the appointing authority or may order an
additional probation period not to exceed 6 months. The decision of
the
commission shall be is final. If the probationer does not
receive full status and regular employment in the higher position,
he or she shall resume the duties of his or her former position,
and
the appointing power shall be entitled to another certification
of
eligibles may certify another
eligible person in accordance with
this act.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 5560 of the 97th Legislature is enacted into
law.