SB-0982, As Passed Senate, April 22, 2004                                   

SUBSTITUTE FOR

SENATE BILL NO. 982

                                                                             A bill to amend 1966 PA 298, entitled                                             

"An act to establish and provide a board of civil service                   

commissioners for sheriffs' departments in certain counties; to             

provide a civil service system based upon examination and                   

investigation as to merit, efficiency and fitness for                       

appointment, employment and promotion of all officers and men or            

women appointed in the departments; to regulate the transfer,               

reinstatement, suspension and discharge of said officers; to                

provide for referendums; and to prescribe penalties and provide             

remedies,"                                                                  

by amending section 10 (MCL 51.360).                                        

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 10.  (1)  (a)  The civil service commission shall                      

2   require  persons an individual applying for admission to  any

3   an examination provided for under this act or under the rules of            

4   the commission to file in its office, within a reasonable time              

5   prior to the proposed examination, a formal application in which            

6   the applicant shall state under oath or affirmation all of the              

7   following:                                                                  

1   (a)  (1) His full Full name, residence, and post office                    

2   address.                                                                    

3   (b)  (2) His citizenship Citizenship, age, and the place                   

4   and date of  his  birth.                                                    

5   (c)  (3) His health, Health and  his  physical capacity for                

6   public service the position for which the applicant is                    

7   applying.                                                                   

8   (d)  (4) His business and employments and residence for at                  

9   least 3 years previous to his application. Each residence and              

10  business or place of employment for not less than the previous 3            

11  years. The commission shall establish educational requirements,             

12  but  in no case shall  the requirements shall not call for less             

13  than an eighth grade education.  or its equivalent.

14  (f)  (5) Such other Other information as may reasonably and                

15  legally be  required, touching requested regarding the                     

16  applicant's qualifications and fitness for the  public service

17  position for which the applicant is applying.                               

18  (2)  (b)  Blank forms for  such  applications shall be                      

19  furnished by the commission, without charge, to all persons                 

20  requesting  same an application.  The commission may require, in           

21  connection with the application,  such certificate certificates

22  of citizens, physicians, or others having knowledge of the                  

23  applicant as the good of the service  may require requires.  The           

24  commission may refuse to examine an applicant or, after                     

25  examination, to certify as eligible  one an applicant who  is              

26  found to lack falls under any of the following                             

27  disqualifications:                                                          

1       (a) Lacks any of the established preliminary requirements for               

2   the examination  of or position  or of employment for which               

3   he the applicant applied.  ; or who is

4   (b) Is so physically  so  disabled as to be rendered unfit                  

5   for the performance of the duties of the position to which  he

6   the applicant seeks appointment.  ; or who is addicted to the               

7   habitual use

8   (c) Is a habitual user of intoxicating liquors or  drugs; or                

9   who may have been guilty of any crime or infamous or notoriously            

10  disgraceful conduct; or who has an illegal user of 1 or more               

11  controlled substances.                                                      

12      (d) Has been found guilty of a crime.                                       

13      (e) Has been dismissed from the public service for                          

14  delinquency or misconduct.  ; or who has

15  (f) Has made a false statement of any material fact, or                     

16  practiced or attempted to practice  any a deception or fraud in            

17  his the application, in  his the examination, or in securing             

18  his  eligibility.  ; or who refuses

19  (g) Refuses to comply with the rules and regulations of the                 

20  commission.                                                                 

21  (3) If any applicant feels  himself  aggrieved by the action                

22  of the commission in refusing to examine  him the applicant or,            

23  after an examination, to certify  him the applicant as  an

24  eligible,  as provided in this section,  the commission, at the             

25  request of the applicant, shall appoint a time and a place for a            

26  public hearing, at which time the applicant may appear,  by                 

27  himself personally or with counsel,  or both,  and the                     

1   commission shall then review its refusal  to make such of

2   examination or  certifications certification, and testimony                

3   shall be taken.  The commission shall subpoena, at the expense of           

4   the applicant, any competent witnesses requested by  him the               

5   applicant.  After review, the commission shall file the testimony           

6   taken in its records and shall again make a decision, which                 

7   decision shall be reviewable on writ of certiorari.                         

8   (4)  (c) All Prior to taking the examination, all applicants               

9   for any position in the department shall undergo a physical                 

10  examination, which may be performed by a licensed physician, a              

11  licensed physician's assistant, or a certified nurse practitioner           

12  but shall be conducted under the supervision of a commission                

13  composed of at least 2  doctors of medicine physicians appointed           

14  for to the commission by the board of supervisors.  The                   

15  commission shall certify that an applicant is free from any                 

16  bodily or mental defects, deformity, or diseases that might                 

17  incapacitate  him the applicant from the performance of the                

18  duties of the position desired.  before the applicant shall be              

19  permitted to take further examinations.  No application

20  Applications will not be  received accepted if the person                  

21  applying is less than 18 years of age and has not been a resident           

22  of  the this state for  a period of less than at least 1 year             

23  prior to  his the application for any position in the                      

24  department.  If any applicant has formerly served in the                    

25  department of the county to which  he makes the application is             

26  made for a period of more than 10 years,  and  has resigned from            

27  the department at a time when there were no charges of misconduct           

1   or other misfeasance pending against  such the applicant within            

2   a period of 2 years next preceding the date of his or her

3   application, and is a resident of  the that county, then  such             

4   person shall be that applicant is eligible for reinstatement               

5   in at the discretion of the civil service commission.  The                

6   applicant, providing his or her former term of service so                   

7   justifies, may be reappointed to the department without                     

8   examination other than a physical examination.  ; if such person            

9   shall be If an applicant is reinstated to the department,  he

10  the applicant shall be the lowest in rank in the department next            

11  above the probationers of the department.  This subsection does             

12  not require new or additional third party reimbursement or                  

13  worker's compensation benefits for services rendered.