December 10, 2009, Introduced by Rep. Donigan and referred to the Committee on Intergovernmental and Regional Affairs.
A bill to amend 1965 PA 246, entitled
"An act to establish and provide a civil service system in certain
townships; to create a civil service commission, and to prescribe
the duties thereof; to provide certain exemptions from and
classifications in civil service; to prescribe penalties for the
violation of the provisions of this act; and to prescribe the
manner of adoption of this act by townships,"
by amending sections 6, 8, 9, 11, 12, 15, and 18 (MCL 38.456,
38.458, 38.459, 38.461, 38.462, 38.465, and 38.468).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6. The civil service of the township is hereby divided
into
the unclassified, and classified, and exempt seasonal or
temporary services.
(a)
The unclassified service shall include includes officers
elected by popular vote and persons appointed to fill vacancies in
such
those elective offices, 1 deputy or assistant each for the
supervisor, clerk and treasurer, and heads of departments.
(b)
The classified service shall comprise is composed of all
positions not specifically included by this act in the unclassified
service or exempt from the classified service as seasonal or
temporary services.
(c) The exempt seasonal or temporary services is composed of
each position that is left vacant for part of the year because of
the nature of the duties and responsibilities of the position. An
exempt seasonal or temporary services position may be full-time or
part-time within a season, but shall not require 1,040 hours of
work or more in a 12-month period. The township board may adopt a
resolution to establish the conditions for hiring and employing
exempt seasonal or temporary services employees. A township
resolution consistent with this subdivision that was adopted before
the effective date of the amendatory act that added this
subdivision is effective for purposes of this subdivision.
Sec. 8. The commission shall:
(a) Classify all the offices and positions of employment
within the classified service and, except as provided in
subdivision (j), in the exempt seasonal or temporary services. The
classification shall be subdivided into groups and shall be based
upon and graded according to the duties and responsibilities of the
positions, and shall be so arranged as to permit the filling of the
higher grades through promotion. All salaries shall be uniform for
like service in each grade of the classified service or the exempt
seasonal
or temporary services as the same
shall be they are
classified and standardized by the commission. The classification
and standardization of salaries shall not be final until approved
by the township board, and salaries shall not be paid except in
accordance with the classification and standardization.
(b) From time to time make, in accordance with the provisions
of this act, rules adopted to carry out the purposes of this act
and not inconsistent with its provisions for the examination and
selection of persons to fill the offices and positions in the
classified
service which and exempt
seasonal or temporary services
that are required to be filled by appointment, and for the
selection of persons to be employed in the service of the township.
(c) Supervise the administration of the civil service rules,
give
notice and hold examinations thereunder
under those rules from
time
to time, giving notice thereof, prepare and keep an eligible
list
of persons passing such those
examinations, and
certify the
names
of eligible persons thereon to the appointing officers. of
the
several departments.
(d) By itself or otherwise, investigate the enforcement of the
provisions of this act, of its own rules, and of the action of
appointees in the classified service and exempt seasonal or
temporary
services. In the course of such the investigation,
the
commission or its authorized representative may administer oaths,
and the commission by its subpoena may secure both the attendance
and testimony of witnesses and the production of books and papers
relevant to the investigation.
(e) Provide, through the purchasing department of the
township, all needed supplies for the use of the commission.
(f)
Such Exercise any other powers and perform such any other
duties
as may be are necessary to carry out the provisions of this
act.
(g)
Prepare and hold open competitive examinations in order to
test the relative fitness of all applicants for appointment to the
classified service or exempt seasonal or temporary services. At
least 2 weeks' notice shall be given of all examinations.
(h) Cause to be kept in each department and department
division, thereof,
records of the service of each employee. , known
as
"service records". These
records shall contain fact statements
on all matters relating to the character and quality of the work
done and the attitude of the individual to his or her work.
(i) Keep a roster of the employees of the township, together
with
a record of service, military or naval experience, and such
any
other matters as may have a bearing that bear
on promotion,
transfer, or
discharge. All such "service records" and employees'
employee records shall be confidential and not open for public
inspection.
(j) If a provision of this section conflicts with a provision
in a resolution adopted by the township board under section 6(c),
the provisions of the resolution control.
Sec. 9. (1) Whenever a position in the competitive classified
civil service is to be filled, the appointing authority shall
notify
the commission of that fact, and the commission shall
certify the names and addresses of the 3 candidates standing
highest on the eligible list for the class or grade to which the
position belongs, and the appointing authority shall forthwith
appoint to the position 1 of the 3 persons so certified. The
appointment shall be for a probationary period to be fixed by the
rules, but not to exceed 6 months. At or before the expiration of
the probationary period, the appointing officer, by presenting
specific
reasons for such the action in writing, may discharge a
probational appointee, or, with the approval of the civil service
commission,
transfer him the employee to another department. If not
discharged prior to the expiration of the period of probation and
if no complaint has been made as to the service rendered, the
appointment
shall be deemed considered
complete. To prevent the
stoppage of business or to meet extraordinary conditions or
emergencies, the head of any department or office, with the
approval of the commission, may make a temporary appointment to
remain for not exceeding 60 days, and only until regular
appointment under the provisions of this act can be made.
(2) If a provision of this section conflicts with a provision
in a resolution adopted by the township board under section 6(c),
the provisions of the resolution control.
Sec. 11. Wherever possible, vacancies in the classified civil
service shall be filled by promotion. Promotion shall be made from
among
employees , in the
grades nearest below the grade in which
the vacancy exists, from employees qualified by training and
experience
to fill the vacancy and whose length of service in such
the lower grade entitles them to consideration. The commission, for
the purpose of promotion, shall rate the qualified employees in the
lower
grades on the basis of their service record, experience in
the work involved in the vacant position, training and
qualification
for such the work, seniority, and war service
ratings. Seniority shall be controlling only when other factors are
equal.
Sec. 12. (1) Any officer or employee in the classified civil
service or exempt seasonal or temporary services may be removed,
suspended or reduced in rank or compensation by the appointing
authority
after appointment or promotion is complete by an a
written
order in writing, stating specifically
the specific reasons
therefor
for the action. The order shall be filed with the civil
service
commission and with a copy thereof shall be furnished to
the
person to be removed, suspended or reduced affected employee.
The
employee may reply in writing to the order within 5 days from
after
the date of filing it with the
civil service commission. Any
person
removed, suspended, or reduced in rank or compensation ,
within
10 days after presentation to him of the order of removal,
suspension
or reduction, may appeal to the
civil service commission
within 10 days after the person is presented with the order. The
commission,
within 2 weeks from after the filing of the appeal,
shall
commence the hearing thereon on
the appeal, and shall
thereupon
fully hear and determine the matter , and either affirm,
modify, or
revoke such the order. The appellant shall be is
entitled to a public hearing, to appear personally, to produce
evidence,
and to have counsel. and a public hearing. The finding
and decision of the commission shall be certified to the official
from
whose order the appeal is taken. , and shall forthwith be
enforced
and followed by him The
official shall promptly enforce
the order, but under no condition shall the employee be removed,
suspended, or reduced in rank until the finding and decision of the
commission
is so properly certified.
(2) If a provision of this section conflicts with provisions
in a resolution adopted by the township board under section 6(c),
the provisions of the resolution control.
Sec.
15. No An officer or employee of the township in the
classified civil service or exempt seasonal or temporary services
shall
not, directly or indirectly, shall make,
solicit, or receive,
or be in any manner concerned in making, soliciting, or receiving
any assessment, subscription, or contribution for any political
party
or any political purpose whatsoever. Any employee violating
the
provisions of who violates this section may be removed from the
office.
Sec.
18. No A person in,
or seeking admission to, the
classified
civil service or seeking admission thereto exempt
seasonal or temporary services shall not be appointed, reduced, or
removed, or in any way favored or discriminated against because of
his or her political, racial, or religious opinions or
affiliations,
except for membership in any organization which that
has
advocated or does advocate advocates disloyalty to the
government
of the United States or any subdivision thereof of its
subdivisions.