February 12, 2004, Introduced by Senators BISHOP, GOSCHKA, LELAND, SCHAUER and HARDIMAN and referred to the Committee on Health Policy.
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 physician or a certified
11 nurse practitioner but shall be conducted under the supervision
12 of a commission composed
of at least 2 doctors of medicine
13 physicians appointed for
to the commission by the board of
14 supervisors. The commission shall certify that an applicant is
15 free from any bodily or mental defects, deformity, or diseases
16 that might incapacitate him
the applicant from the performance
17 of the duties of the
position desired. before the applicant
18 shall be permitted to
take further examinations. No application
19 Applications will not
be received accepted if the person
20 applying is less than 18 years of age and has not been a resident
21 of the this
state for a period of less than at least 1 year
22 prior to his the
application for any position in the
23 department. If any applicant has formerly served in the
24 department of the county
to which he makes the application is
25 made for a period of more
than 10 years, and has resigned from
26 the department at a time when there were no charges of misconduct
27 or other misfeasance
pending against such the applicant within
1 a period of 2 years next preceding the date of his or her
2 application, and is a
resident of the that county, then such
3 person shall be that applicant is eligible for reinstatement
4 in at the discretion of the civil service
commission. The
5 applicant, providing his or her former term of service so
6 justifies, may be reappointed to the department without
7 examination other than a
physical examination. ; if such person
8 shall be If an applicant is reinstated to the
department, he
9 the applicant shall be the lowest in rank in the department next
10 above the probationers of the department.