Mich. Comp. Laws » Michigan Compiled Laws / Chapter 28 / Act 59 of 1935
Michigan Compiled Laws

Mich. Comp. Laws § 28.4 (2026)

Uniformed personnel and detective personnel; organization; highway patrol; classification of department members as officers and civilian employees; qualifications of officers; oath of office; hearing; dismissal.

✓ current as of July 2026
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MICHIGAN STATE POLICE


Act 59 of 1935


28.4 Uniformed personnel and detective personnel; organization; highway patrol; classification of department members as officers and civilian employees; qualifications of officers; oath of office; hearing; dismissal.

Sec. 4.

    (1) The department shall consist of uniformed personnel and detective personnel, organized in divisions, bureaus, or branches as established by law or by the director in his or her discretion.

    (2) The director shall establish a highway patrol consisting of not fewer than 100 members.

    (3) The director shall appoint and employ all members of the department, who shall be classified as officers and civilian employees.

    (4) All persons appointed as officers shall be at the time of their appointment not less than 21 years of age, shall be of sound mind and body, shall be of good moral character, shall be citizens of the United States and residents of the state of Michigan, and shall possess such educational qualifications as the director may from time to time prescribe. All persons appointed as officers shall execute the constitutional oath of office before entering upon their duties.

    (5) An officer shall not be dismissed until a due hearing on his or her removal is held as provided in this act, unless a reduction in expenditures is required due to insufficient funds, in which case the officer or officers junior in point of service shall be dismissed. A civilian employee may not be dismissed without a due hearing on his or her removal, unless a reduction in expenditures is required due to insufficient funds.

History: 1935, Act 59, Imd. Eff. May 17, 1935 ;-- Am. 1941, Act 115, Imd. Eff. May 21, 1941 ;-- CL 1948, 28.4 ;-- Am. 2009, Act 180, Imd. Eff. Dec. 15, 2009

Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 1969–2025 · leading case: Foley v. Connelie, 435 U.S. 291 (1978).
Sort: Relevance Newest Treatment
Foley v. Connelie, 435 U.S. 291 (1978). “040 (2)(c) (1971); Mich. Comp. Laws §28.4 (1967); Miss. Code Ann.”
Faith v. Texaco, Inc., 48 F.R.D. 118 (W.D. Mich. 1969). “With research facilities touching upon all of the scientific disciplines involved, and with expertise in these disciplines (since as a matter of law each refiner is an expert in the field of its production, 2 Harper & James, Torts § 28.4), the defendants were in a position from…”
Matthew Young v. Dep't of Corr. (Mich. Ct. App. 2017). “4 With respect to positions covered by the classified state civil service, “[t]he appointing authorities may create or abolish positions for reasons of administrative efficiency without the approval of the [CSC,]” and “[p]ositions shall not be created nor abolished except for…”
Matthew Young v. Dep't of Corr. (Mich. Ct. App. 2017). “4 With respect to positions covered by the classified state civil service, “[t]he appointing authorities may create or abolish positions for reasons of administrative efficiency without the approval of the [CSC,]” and “[p]ositions shall not be created nor abolished except for…”
Mi Dept of State Police v. Mi State Police Troopers Ass'n (Mich. Ct. App. 2023). “While this may be so, the MSP’s overarching public policy argument lacks merit.”
People of Michigan v. Montario Marquise Taylor (Mich. 2025). “MCL 28.4(4). Michigan’s Legislature has also extended eligibility for the Holmes Youthful Trainee Act (HYTA), MCL 762.”
People of Michigan v. Andrew Michael Czarnecki (Mich. 2025). “MCL 28.4(4). Michigan’s Legislature has also extended eligibility for the Holmes Youthful Trainee Act (HYTA), MCL 762.”
— Mich. Comp. Laws § 28.4(4) — 2 cases
People of Michigan v. Montario Marquise Taylor (Mich. 2025). “MCL 28.4(4). Michigan’s Legislature has also extended eligibility for the Holmes Youthful Trainee Act (HYTA), MCL 762.”
People of Michigan v. Andrew Michael Czarnecki (Mich. 2025). “MCL 28.4(4). Michigan’s Legislature has also extended eligibility for the Holmes Youthful Trainee Act (HYTA), MCL 762.”
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