[nfbmi-talk] Fw: Civil Service Commission

[Larry Posont]

----- Original Message ----- 
From: Fred Wurtzel 
To: 'Christine Boone' ; 'Larry Posont' 
Sent: Sunday, May 02, 2010 7:36 PM
Subject: Civil Service Commission


Well, this is interesting.  It is all interesting, but read last 2 or 3 sentences.  Very interesting.

 

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Michigan Constitution Notes- From the seminar delivered on 2/21/10 at Bay Valley CC

Posted by tomfrederickslaw on Feb 23rd, 2010 |

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Thomas S. Fredericks

2335 Rowley Road

Williamston, MI 48895-9133

Attorney & Business Counselor

Telephone (517) 655-4100 Cell (517) 525-1413

Electronic Mail:

tomfredericks at cablespeed.com

Web Site: http://tomfrederickslaw.com/

Michigan Constitution Seminar Outline

History

Territorial Law: Government of the Northwest Territory Ordinance

Prior to statehood, Michigan was part of the Northwest Territory.

During this period, Detroit was the territorial capital, and, instead of a state

legislature, Michigan was governed by a unicameral body called the Territorial Council

.

The Ordinance of 1787

was drafted as a compact between the original states, and the people and states of

the territory. It promised regions in the Northwest Territory future statehood.

The Ordinance also provided for

religious freedom,

due process, and the

writ of habeas corpus. The Ordinance of 1787 also

prohibited slavery and

cruel and unusual punishment

Michigan has adopted four Constitutions.

Two proposed constitutions were rejected by Michigan's voters in both 1868 and 1874.

The Constitution of 1835 was adopted two years before Michigan became a state. The

Constitutional Convention of 1835 met at the Territorial Capitol in Detroit on May

11, 1835, and adjourned on June 24,1835. The Constitution of 1835 was adopted at

an election held on October 5 and 6, 1835, by a vote of 6,752 to 1,374.

ü  Strong Gov who appointed everybody.

ü  Legislature could borrow money for roads, canals, and locks.

ü  Fiscal crisis.

On June 3, 1850, a Constitutional Convention met at Lansing and completed its revision

on August 15. The Constitution of 1850 was presented at the election of November

5, 1850, and adopted by a vote of 36,169 to 9,433.

ü  Long Ballot electing everybody.

ü  every 16 years the constitutional question on ballot.

Over fifty years passed before a new Constitution was adopted. On October 22, 1907,

a Constitutional Convention convened at Lansing and completed its revision on March

3, 1908. The Constitution of 1908 was adopted on November 3, 1908, by a vote of 244,705

to 130,783.

Four attempts were made to call a Constitutional Convention for the purpose of revising

the Constitution of 1908 before the question was approved by the voters on April

3, 1961. A primary election for the purpose of electing delegates was held on July

25, 1961, and on September 12, 1961, one hundred forty-four delegates were elected.

The delegates met at Convention Hall in the Civic Center, Lansing, on October 3,

1961, and adopted the proposed Constitution on August 1, 1962. The Constitution was

submitted at the election of April 1, 1963, and adopted. A recount established the

vote as 810,860 to 803,436. The effective date of the Constitution of 1963 is January

1, 1964.

ü  Municipal home rule.

ü  Line item veto.

ü  initiative and referendum

ü  Women/child labor.

The Constitutional Convention of 1907-1908

, and how the "Rough Rider" himself- Theodore Roosevelt influences Michigan Civil

Service to this very day.

ü  Prof. James Fairley of the U of M worked for Gov Roosevelt during the 1890's as

NY went from Tamany Hall corruption to a merit based Civil Service system.

ü  Prof Fairley was a 1907 co/con delegate.

ü  Argued for an independent civil service system. Lost.

Political Patronage in Michigan.

"Flower funds" and Michigan Civil Service.

Imagine a Michigan State Police Trooper appearing in uniform at your front door campaigning

for the Governor.

Civil service depended upon the political party of the newly elected Governor, who

fired everyone from the Chief of Staff to the janitors on the day he took office.

So.the Legislature created the first Civil Service Commission in 1936 which did by

statute what Prof Fairley wanted 30 year prior.

2 years later, the Gov office and Leg changed party hands, and a "Ripper Act" did

away with the CS Commission.

This created a stir which caused an initiative amending the constitution.

Amending the Michigan Constitution in 1941.

Why these changes made the Michigan Constitution unique among all 50 States.

Creation of a 4th branch of Michigan government. The Legislature can pass no law

about wages, benefits, and terms and conditions of employment for state workers.

The governor cannot fire at will. Only the Michigan Supreme Court can define the

role of the MCSC. So far they have defined Civil Service Commission has absolute,

plenary authority over all state classified employees.

Michigan Civil Service

53,000 total.

35,000 are union: UAW, MSEA, SEIU, MCO, MSPTA, AFSCME.

Total Budget- 1 % of the State payroll-

§ 5 Classified state civil service; scope; exempted positions; appointment and terms

of members of state civil service commission; state personnel director; duties

of commission; collective bargaining for state police troopers and sergeants;

appointments, promotions, demotions, or removals; increases or reductions in

compensation; creating or abolishing positions; recommending compensation

for unclassified service; appropriation; reports of expenditures; annual audit;

payment for personal services; violation; injunctive or mandamus proceedings.

Sec. 5. The classified state civil service shall consist of all positions in the

state service

except those filled by popular election, heads of principal departments, members

of boards and

commissions, the principal executive officer of boards and commissions heading principal

departments, employees of courts of record, employees of the legislature, employees

of the state

institutions of higher education, all persons in the armed forces of the state, eight

exempt

positions in the office of the governor, and within each principal department, when

requested

by the department head, two other exempt positions, one of which shall be policy-making.

The

civil service commission may exempt three additional positions of a policy-making

nature

within each principal department.

The civil service commission shall be non-salaried and shall consist of four persons,

not more

than two of whom shall be members of the same political party, appointed by the governor

for

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

The administration of the commission's powers shall be vested in a state personnel

director

who shall be a member of the classified service and who shall be responsible to and

selected by

the commission after open competitive examination.

The commission shall classify all positions in the classified service according to

their respective

duties and responsibilities, fix rates of compensation for all classes of positions,

approve or

disapprove disbursements for all personal services, determine by competitive examination

and

performance exclusively on the basis of merit, efficiency and fitness the qualifications

of all

candidates for positions in the classified service, make rules and regulations covering

all

personnel transactions, and regulate all conditions of employment in the classified

service.

1978 Amendment:

State Police Troopers and Sergeants shall, through their elected representative designated

by 50% of such troopers and sergeants, have the right to bargain collectively with

their

employer concerning conditions of their employment, compensation, hours, working

conditions,

retirement, pensions, and other aspects of employment except promotions which will

be

determined by competitive examination and performance on the basis of merit, efficiency

and

fitness; and they shall have the right 30 days after commencement of such bargaining

to

submit any unresolved disputes to binding arbitration for the resolution thereof

the same as

now provided by law for Public Police and Fire Departments.

No person shall be appointed to or promoted in the classified service who has not

been

certified by the commission as qualified for such appointment or promotion. No appointments,

promotions, demotions or removals in the classified service shall be made for religious,

racial

or partisan considerations.

Increases in rates of compensation authorized by the commission may be effective

only at

the start of a fiscal year and shall require prior notice to the governor, who shall

transmit

such increases to the legislature as part of his budget. The legislature may, by

a majority vote

of the members elected to and serving in each house, waive the notice and permit

increases in

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

year. Within

60 calendar days following such transmission, the legislature may, by a two-thirds

vote of

the members elected to and serving in each house, reject or reduce increases in rates

of

compensation authorized by the commission. Any reduction ordered by the legislature

shall

apply uniformly to all classes of employees affected by the increases and shall not

adjust pay

differentials already established by the civil service commission. The legislature

may not

reduce rates of compensation below those in effect at the time of the transmission

of increases

authorized by the commission.

The appointing authorities may create or abolish positions for reasons of administrative

efficiency without the approval of the commission. Positions shall not be created

nor abolished

except for reasons of administrative efficiency. Any employee considering himself

aggrieved by

the abolition or creation of a position shall have a right of appeal to the commission

through

established grievance procedures.

The civil service commission shall recommend to the governor and to the legislature

rates

of compensation for all appointed positions within the executive department not a

part of the

classified service.

 To enable the commission to exercise its powers, the legislature shall appropriate

to the

commission for the ensuing fiscal year a sum not less than one percent of the aggregate

payroll

of the classified service for the preceding fiscal year, as certified by the commission.

Within

six months after the conclusion of each fiscal year the commission shall return to

the state

treasury all moneys unexpended for that fiscal year.

The commission shall furnish reports of expenditures, at least annually, to the governor

and the legislature and shall be subject to annual audit as provided by law.

No payment for personal services shall be made or authorized until the provisions

of this

constitution pertaining to civil service have been complied with in every particular.

Violation

of any of the provisions hereof may be restrained or observance compelled by injunctive

or

mandamus proceedings brought by any citizen of the state.

History: Const. 1963, Art. XI, §5, Eff. Jan. 1, 1964;-Am. Init., approved Nov. 7,

1978, Eff. Dec. 23, 1978.

Former Constitution: See Const. 1908, Art. VI, §22.

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