SENATE JOINT RESOLUTION B


  January 8, 1997, Introduced by Senators SCHUETTE and 
       SHUGARS and referred to the Committee on Government    Operations.
     


        A joint resolution proposing an amendment to the state con-

   stitution of 1963, by amending sections 48 and 53 of article IV

   and section 6 of article XI and repealing section 5 of article

   XI, to eliminate the state civil service commission.

        Resolved by the Senate and House of Representatives of the

   state of Michigan, That the following amendment to the state con-

   stitution of 1963, to eliminate the state civil service commis-

   sion, is proposed, agreed to, and submitted to the people of the

   state:

 1                                ARTICLE IV

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

 3    resolution of disputes concerning public employees.  ,
             except

 4     those in the state classified civil service. 

 5         Sec. 53.  The legislature by a majority vote of the members

 6    elected to and serving in each house, shall appoint an auditor


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                                   2

 1    general, who shall be a certified public accountant licensed to

 2    practice in this state, to serve for a term of eight years. 
             He 

 3    THE AUDITOR GENERAL shall be ineligible for appointment or elec-

 4    tion to any other public office in this state from which compen-

 5    sation is derived while serving as auditor general and for two

 6    years following the termination of his OR HER service.  He
              THE

 7    AUDITOR GENERAL may be removed for cause at any time by a

 8    two-thirds vote of the members elected to and serving in each

 9    house.  The auditor general shall conduct post audits of finan-

10    cial transactions and accounts of the state and of all branches,

11    departments, offices, boards, commissions, agencies, authorities,

12    and institutions of the state established by this constitution or

13    by law, and performance post audits thereof.

14                   Independent investigations; reports.

15         The auditor general upon direction by the legislature may

16    employ independent accounting firms or legal counsel and may make

17    investigations pertinent to the conduct of audits.  He
              THE

18    AUDITOR GENERAL shall report annually to the legislature and to

19    the governor and at  such  other times as 
             he  THE AUDITOR

20    GENERAL deems necessary or as required by the legislature. 
             He 

21    THE AUDITOR GENERAL shall be assigned no duties other than those

22    specified in this section.

23          Governing boards of institutions of higher education.

24         Nothing in this section shall be construed in any way to

25    infringe the responsibility and constitutional authority of the

26    governing boards of the institutions of higher education to be





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 1    solely responsible for the control and direction of all

 2    expenditures from the institutions' funds.

 3                       Staff members, civil service.

 4          The auditor general, his deputy and one other member of
                       his

 5     staff shall be exempt from classified civil service.  All
                       other

 6     members of his staff shall have classified civil service
                       status. 

 7                                ARTICLE XI

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

 9     of all positions in the state service except those filled by
                       pop-

10     ular election, heads of principal departments, members of
                       boards

11     and commissions, the principal executive officer of boards
                       and

12     commissions heading principal departments, employees of
                       courts of

13     record, employees of the legislature, employees of the state

14     institutions of higher education, all persons in the armed
                       forces

15     of the state, eight exempt positions in the office of the
                       gover-

16     nor, and within each principal department, when requested by
                       the

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

18     be policy-making.  The civil service commission may exempt
                       three

19     additional positions of a policy-making nature within each
                       prin-

20     cipal department.

21          The civil service commission shall be non-salaried and
                       shall

22     consist of four persons, not more than two of whom shall be
                       mem-

23     bers of the same political party, appointed by the governor
                       for

24     terms of eight years, no two of which shall expire in the
                       same

25     year.

26          The administration of the commission's powers shall be

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



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                                   4

 1    classified service and who shall be responsible to and
             selected

 2     by the commission after open competitive examination.

 3          The commission shall classify all positions in the
                       classi-

 4     fied service according to their respective duties and
                       responsi-

 5     bilities, fix rates of compensation for all classes of
                       positions,

 6     approve or disapprove disbursements for all personal
                       services,

 7     determine by competitive examination and performance
                       exclusively

 8     on the basis of merit, efficiency and fitness the
                       qualifications

 9     of all candidates for positions in the classified service,
                       make

10     rules and regulations covering all personnel transactions,
                       and

11     regulate all conditions of employment in the classified
                       service.

12          State Police Troopers and Sergeants shall, through
                       their

13     elected representative designated by 50% of such troopers
                       and

14     sergeants, have the right to bargain collectively with their

15     employer concerning conditions of their employment,
                       compensation,

16     hours, working conditions, retirement, pensions, and other

17     aspects of employment except promotions which will be
                       determined

18     by competitive examination and performance on the basis of
                       merit,

19     efficiency and fitness; and they shall have the right 30
                       days

20     after commencement of such bargaining to submit any
                       unresolved

21     disputes to binding arbitration for the resolution thereof
                       the

22     same as now provided by law for Public Police and Fire

23     Departments.

24          No person shall be appointed to or promoted in the
                       classi-

25     fied service who has not been certified by the commission as

26     qualified for such appointment or promotion.  No
                       appointments,





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 1    promotions, demotions or removals in the classified service
             shall

 2     be made for religious, racial or partisan considerations.

 3          Increases in rates of compensation authorized by the
                       commis-

 4     sion may be effective only at the start of a fiscal year and

 5     shall require prior notice to the governor, who shall
                       transmit

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

 7     legislature may, by a majority vote of the members elected
                       to and

 8     serving in each house, waive the notice and permit increases
                       in

 9     rates of compensation to be effective at a time other than
                       the

10     start of a fiscal year.  Within 60 calendar days following
                       such

11     transmission, the legislature may, by a two-thirds vote of
                       the

12     members elected to and serving in each house, reject or
                       reduce

13     increases in rates of compensation authorized by the
                       commission.

14     Any reduction ordered by the legislature shall apply
                       uniformly to

15     all classes of employees affected by the increases and shall
                       not

16     adjust pay differentials already established by the civil
                       service

17     commission.  The legislature may not reduce rates of
                       compensation

18     below those in effect at the time of the transmission of

19     increases authorized by the commission.

20          The appointing authorities may create or abolish
                       positions

21     for reasons of administrative efficiency without the
                       approval of

22     the commission.  Positions shall not be created nor
                       abolished

23     except for reasons of administrative efficiency.  Any
                       employee

24     considering himself aggrieved by the abolition or creation
                       of a

25     position shall have a right of appeal to the commission
                       through

26     established grievance procedures.





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 1         The civil service commission shall recommend to the
             governor

 2     and to the legislature rates of compensation for all
                       appointed

 3     positions within the executive department not a part of the
                       clas-

 4     sified service.

 5          To enable the commission to exercise its powers, the
                       legis-

 6     lature shall appropriate to the commission for the ensuing
                       fiscal

 7     year a sum not less than one percent of the aggregate
                       payroll of

 8     the classified service for the preceding fiscal year, as
                       certi-

 9     fied by the commission.  Within six months after the
                       conclusion

10     of each fiscal year the commission shall return to the state

11     treasury all moneys unexpended for that fiscal year.

12          The commission shall furnish reports of expenditures,
                       at

13     least annually, to the governor and the legislature and
                       shall be

14     subject to annual audit as provided by law.

15          No payment for personal services shall be made or
                       authorized

16     until the provisions of this constitution pertaining to
                       civil

17     service have been complied with in every particular. 
                       Violation

18     of any of the provisions hereof may be restrained or
                       observance

19     compelled by injunctive or mandamus proceedings brought by
                       any

20     citizen of the state. 

21         Sec. 6.  By ordinance or resolution of its governing body

22    which shall not take effect until approved by a majority of the

23    electors voting thereon, unless otherwise provided by charter,

24    each county, township, city, village, school district, and other

25    governmental unit or authority may establish, modify, or discon-

26    tinue a merit system for its employees other than teachers under

27    contract or tenure.  The state civil service commission may
             on



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 1    request furnish technical services to any such unit on a

 2     reimbursable basis. 

 3         Resolved further, That the foregoing amendment shall be sub-

 4    mitted to the people of the state at the next general election in

 5    the manner provided by law.














































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