SENATE JOINT RESOLUTION N November 13, 1997, Introduced by Senator BULLARD and referred to the Committee on Government Operations. A joint resolution proposing an amendment to the state con- stitution of 1963, by amending section 2 of article I, section 29 of article V, section 2 of article VIII, and section 5 of article XI and adding sections 25 and 26 to article I, to prohibit dis- crimination based on sex or ethnicity and to prohibit the state, a political subdivision of the state, an institution of higher education funded wholly or partially by the state, or an employer receiving a state grant, tax abatement, or tax subsidy from using religion, race, sex, color, ethnicity, or national origin as a criterion for either discriminating against, or granting prefer- ential treatment to, an individual or group in employment, public education, or public contracting. Resolved by the Senate and House of Representatives of the state of Michigan, That the following amendment to the state constitution of 1963, to prohibit discrimination based on sex or 02169'97 DMS 2 ethnicity and to prohibit the state, a political subdivision of the state, an institution of higher education funded wholly or partially by the state, or an employer receiving a state grant, tax abatement, or tax subsidy from using religion, race, sex, color, ethnicity, or national origin as a criterion for either discriminating against, or granting preferential treatment to, an individual or group in employment, public education, or public contracting, is proposed, agreed to, and submitted to the people of the state: 1 ARTICLE I 2 Sec. 2. No person shall be denied the equal protection of 3 the laws; nor shall any person be denied the enjoyment of his 4 civil or political rights or be discriminated against in the 5 exercise thereof because of religion, race, SEX, color, 6 ETHNICITY, or national origin. The legislature shall implement 7 this section by appropriate legislation. 8 SEC. 25. TO THE EXTENT PERMITTED BY FEDERAL LAW, THE STATE, 9 A POLITICAL SUBDIVISION OF THE STATE, OR AN INSTITUTION OF HIGHER 10 EDUCATION FUNDED WHOLLY OR PARTIALLY BY THE STATE SHALL NOT USE 11 RELIGION, RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN AS A 12 CRITERION FOR EITHER DISCRIMINATING AGAINST, OR GRANTING PREFER- 13 ENTIAL TREATMENT TO, ONE OR MORE INDIVIDUALS IN EMPLOYMENT, EDU- 14 CATION, OR PUBLIC CONTRACTING. REASONABLE ATTORNEY FEES MAY BE 15 AWARDED TO AN INDIVIDUAL OR GROUP OF INDIVIDUALS INJURED BY A 16 VIOLATION OF THIS SECTION. THIS SECTION DOES NOT INVALIDATE A 17 COURT ORDER OR CONSENT DECREE THAT IS IN EFFECT ON THE EFFECTIVE 02169'97 3 1 DATE OF THIS SECTION. ADDITIONALLY, THIS SECTION DOES NOT 2 PROHIBIT ANY OF THE FOLLOWING: 3 (A) CLASSIFICATIONS BASED ON SEX THAT ARE REASONABLY NECES- 4 SARY FOR THE ORDINARY OPERATION OF A SYSTEM OF PUBLIC EMPLOYMENT, 5 PUBLIC EDUCATION, OR PUBLIC CONTRACTING. 6 (B) STATE ACTION REQUIRED TO ESTABLISH OR MAINTAIN ELIGIBIL- 7 ITY FOR FEDERAL FUNDS. 8 (C) ASSISTANCE TO AN INDIVIDUAL BECAUSE OF THAT INDIVIDUAL'S 9 ECONOMIC STATUS OR OTHER CONDITION UNRELATED TO THE INDIVIDUAL'S 10 RELIGION, RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN. 11 (D) A PREFERENCE IN EMPLOYMENT OR PUBLIC CONTRACTING THAT IS 12 BASED UPON AN INDIVIDUAL'S RESIDENCY AND MADE BY A COUNTY, CITY, 13 VILLAGE, TOWNSHIP, SCHOOL DISTRICT, AUTHORITY, OR ANY OTHER 14 POLITICAL SUBDIVISION ORGANIZED UNDER THE LAWS OF THIS STATE. 15 (E) A PREFERENCE, MADE BY AN INSTITUTION OF HIGHER EDUCATION 16 FUNDED WHOLLY OR PARTIALLY BY THE STATE TO PROMOTE A DIVERSE STU- 17 DENT BODY, IF THAT PREFERENCE IS BASED ON AN INDIVIDUAL'S ACADEM- 18 IC, MUSICAL, OR ARTISTIC SKILLS, ATHLETIC ABILITY, ECONOMIC OR 19 SOCIAL BACKGROUND, RELATIONSHIP TO THE INSTITUTION'S ALUMNI, OR 20 RESIDENCY, AND NOT BASED UPON THE INDIVIDUAL'S RELIGION, RACE, 21 SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN. 22 SEC. 26. IF ANY PART OF SECTION 25 OF THIS ARTICLE IS HELD 23 TO BE INVALID OR UNCONSTITUTIONAL, THE REMAINING PART OR PARTS OF 24 THE SECTION SHALL NOT BE AFFECTED AND SHALL REMAIN IN FULL FORCE 25 AND EFFECT. 02169'97 4 1 ARTICLE V 2 Sec. 29. There is hereby established a civil rights commis- 3 sion which shall consist of eight persons, not more than four of 4 whom shall be members of the same political party, who shall be 5 appointed by the governor, by and with the advice and consent of 6 the senate, for four-year terms not more than two of which shall 7 expire in the same year. It shall be the duty of the commission 8 in a manner which may be prescribed by law to investigate alleged 9 discrimination against any person because of religion, race, SEX, 10 color, ETHNICITY, or national origin in the enjoyment of the 11 civil rights guaranteed by law and by this constitution, and to 12 secure the equal protection of such civil rights without such 13 discrimination. The legislature shall provide an annual appro- 14 priation for the effective operation of the commission. 15 The commission shall have power, in accordance with the pro- 16 visions of this constitution and of general laws governing admin- 17 istrative agencies, to promulgate rules and regulations for its 18 own procedures, to hold hearings, administer oaths, through court 19 authorization to require the attendance of witnesses and the sub- 20 mission of records, to take testimony, and to issue appropriate 21 orders. The commission shall have other powers provided by law 22 to carry out its purposes. Nothing contained in this section 23 shall be construed to diminish the right of any party to direct 24 and immediate legal or equitable remedies in the courts of this 25 state. 26 Appeals from final orders of the commission, including cease 27 and desist orders and refusals to issue complaints, shall be 02169'97 5 1 tried de novo before the circuit court having jurisdiction 2 provided by law. 3 ARTICLE VIII 4 Sec. 2. The legislature shall maintain and support a system 5 of free public elementary and secondary schools as defined by 6 law. Every school district shall provide for the education of 7 its pupils without discrimination as to religion, creed, race, 8 SEX, color, ETHNICITY, or national origin. 9 No public monies or property shall be appropriated or paid 10 or any public credit utilized, by the legislature or any other 11 political subdivision or agency of the state directly or indi- 12 rectly to aid or maintain any private, denominational or other 13 nonpublic, pre-elementary, elementary, or secondary school. No 14 payment, credit, tax benefit, exemption or deductions, tuition 15 voucher, subsidy, grant or loan of public monies or property 16 shall be provided, directly or indirectly, to support the 17 attendance of any student or the employment of any person at any 18 such nonpublic school or at any location or institution where 19 instruction is offered in whole or in part to such nonpublic 20 school students. The legislature may provide for the transporta- 21 tion of students to and from any school. 22 ARTICLE XI 23 Sec. 5. The classified state civil service shall consist of 24 all positions in the state service except those filled by popular 25 election, heads of principal departments, members of boards and 26 commissions, the principal executive officer of boards and 27 commissions heading principal departments, employees of courts of 02169'97 6 1 record, employees of the legislature, employees of the state 2 institutions of higher education, all persons in the armed forces 3 of the state, eight exempt positions in the office of the gover- 4 nor, and within each principal department, when requested by the 5 department head, two other exempt positions, one of which shall 6 be policy-making. The civil service commission may exempt three 7 additional positions of a policy-making nature within each prin- 8 cipal department. 9 The civil service commission shall be non-salaried and shall 10 consist of four persons, not more than two of whom shall be mem- 11 bers of the same political party, appointed by the governor for 12 terms of eight years, no two of which shall expire in the same 13 year. 14 The administration of the commission's powers shall be 15 vested in a state personnel director who shall be a member of the 16 classified service and who shall be responsible to and selected 17 by the commission after open competitive examination. 18 The commission shall classify all positions in the classi- 19 fied service according to their respective duties and responsi- 20 bilities, fix rates of compensation for all classes of positions, 21 approve or disapprove disbursements for all personal services, 22 determine by competitive examination and performance exclusively 23 on the basis of merit, efficiency and fitness the qualifications 24 of all candidates for positions in the classified service, make 25 rules and regulations covering all personnel transactions, and 26 regulate all conditions of employment in the classified service. 02169'97 7 1 State Police Troopers and Sergeants shall, through their 2 elected representative designated by 50% of such troopers and 3 sergeants, have the right to bargain collectively with their 4 employer concerning conditions of their employment, compensation, 5 hours, working conditions, retirement, pensions, and other 6 aspects of employment except promotions which will be determined 7 by competitive examination and performance on the basis of merit, 8 efficiency and fitness; and they shall have the right 30 days 9 after commencement of such bargaining to submit any unresolved 10 disputes to binding arbitration for the resolution thereof the 11 same as now provided by law for Public Police and Fire 12 Departments. 13 No person shall be appointed to or promoted in the classi- 14 fied service who has not been certified by the commission as 15 qualified for such appointment or promotion. No appointments, 16 promotions, demotions or removals in the classified service shall 17 be madefor religious, racial or partisan considerationsON THE 18 BASIS OF AN INDIVIDUAL'S RELIGION, RACE, SEX, COLOR, ETHNICITY, 19 NATIONAL ORIGIN, OR POLITICAL AFFILIATION. 20 Increases in rates of compensation authorized by the commis- 21 sion may be effective only at the start of a fiscal year and 22 shall require prior notice to the governor, who shall transmit 23 such increases to the legislature as part of his budget. The 24 legislature may, by a majority vote of the members elected to and 25 serving in each house, waive the notice and permit increases in 26 rates of compensation to be effective at a time other than the 27 start of a fiscal year. Within 60 calendar days following such 02169'97 8 1 transmission, the legislature may, by a two-thirds vote of the 2 members elected to and serving in each house, reject or reduce 3 increases in rates of compensation authorized by the commission. 4 Any reduction ordered by the legislature shall apply uniformly to 5 all classes of employees affected by the increases and shall not 6 adjust pay differentials already established by the civil service 7 commission. The legislature may not reduce rates of compensation 8 below those in effect at the time of the transmission of 9 increases authorized by the commission. 10 The appointing authorities may create or abolish positions 11 for reasons of administrative efficiency without the approval of 12 the commission. Positions shall not be created nor abolished 13 except for reasons of administrative efficiency. Any employee 14 considering himself aggrieved by the abolition or creation of a 15 position shall have a right of appeal to the commission through 16 established grievance procedures. 17 The civil service commission shall recommend to the governor 18 and to the legislature rates of compensation for all appointed 19 positions within the executive department not a part of the clas- 20 sified service. 21 To enable the commission to exercise its powers, the legis- 22 lature shall appropriate to the commission for the ensuing fiscal 23 year a sum not less than one percent of the aggregate payroll of 24 the classified service for the preceding fiscal year, as certi- 25 fied by the commission. Within six months after the conclusion 26 of each fiscal year the commission shall return to the state 27 treasury all moneys unexpended for that fiscal year. 02169'97 9 1 The commission shall furnish reports of expenditures, at 2 least annually, to the governor and the legislature and shall be 3 subject to annual audit as provided by law. 4 No payment for personal services shall be made or authorized 5 until the provisions of this constitution pertaining to civil 6 service have been complied with in every particular. Violation 7 of any of the provisions hereof may be restrained or observance 8 compelled by injunctive or mandamus proceedings brought by any 9 citizen of the state. 10 Resolved further, That the foregoing amendment shall be sub- 11 mitted to the people of the state at the next general election in 12 the manner provided by law. 02169'97 Final page. DMS