COUNTY EMPLOYEES' CIVIL SERVICE SYSTEM
Act 370 of 1941
38.401 County civil service system; purpose of act.
Sec. 1.
Civil service act; purpose. The purpose of this act is to guarantee to all citizens a fair and equal opportunity for public service; to establish conditions of service which will attract officers and employees of character and capacity, and to increase the efficiency of the county governmental departments, commissions, boards and agencies, by the improvement of methods of personnel administration.
History: 1941, Act 370, Eff. Jan. 10, 1942 ;-- CL 1948, 38.401
Compiler's Notes:
The catchlines following the act section numbers of this act were incorporated as a part of the act when enacted.
Section 423.201 et seq., prohibiting strikes by public employees and providing collective bargaining, negotiation, and enforced mediation of labor disputes arising out of public employment, operates, to the extent of repugnancy with MCL 38.401 et seq., as a partial repeal of the act providing for a county civil service commission. Wayne County Civil Service Commission v. Board of Supervisors, 384 Mich. 363, 184 N.W.2d 201 (1971).
Notes of Decisions
Wayne Circuit Judges v. Wayne Cnty., 190 N.W.2d 228 (Mich. 1971).
· cites it 10× “Wayne County (1955), 341 Mich 333 , this Court held that the circuit court had no authority in the light of then existing legislation the county civil service act, MCLA § 38.401 et seq. (Stat Ann 1953 Cum Supp § 5.”
Am. Fed'n of State, Cnty. & Mun. Employees v. Wayne Cnty., 811 N.W.2d 4 (Mich. Ct. App. 2011).
· cites it 2× “428 of the Compiled Laws of 1948, the county clerk shall appoint or promote from the classified eligible list of the civil service a chief deputy circuit court clerk and at least 1 deputy circuit court clerk for each acting circuit judge in the county. We take judicial notice…”
LOCAL 1383 v. City of Warren, 311 N.W.2d 702 (Mich. 1981).
· cites it 2× “III This Court has consistently held that PERA prevails over conflicting legislation, charters, and ordinances in the face of contentions by cities, counties, public universities and school districts that other laws or the constitution carve out exceptions to PERA. [4] That same…”
Sherrod v. City of Detroit, 625 N.W.2d 437 (Mich. Ct. App. 2001).
· cites it 2× “§ 38.401 et seq.; MSA 5.1191(1) et seq., prevails in the face of any conflict between the two acts.”
Valentine v. Redford Twp. Supervisor, 123 N.W.2d 227 (Mich. 1963).
· cites it 2× “More significant is the fact that, after enactment of PA 1941, No 370 (CL 1948, § 38.401 et seq., as amended [Stat Ann 1961 Rev § 5.”
Killeen v. Wayne Cnty. Civil Serv. Comm'n, 310 N.W.2d 257 (Mich. Ct. App. 1981).
“laintiff, thereafter, filed the instant complaint seeking an order of superintending control or, in the alternative, a writ of mandamus against the Civil Service Commission requesting to have the particular appointment of Petitpren rescinded for the reason that the Civil Service…”
Irons v. 61st Jud. Dist. Ct. Emp., 362 N.W.2d 262 (Mich. Ct. App. 1984).
“In the past, the Supreme Court has held that PERA prevails to the extent of the conflict over the status accorded public universities by Const 1963, art 8, § 5 (Central Michigan University Faculty Ass'n v Central Michigan University, 404 Mich 268 ; 273 NW2d 21 [1978]); over the…”
In Re Benton, 237 B.R. 353 (Bankr. E.D. Mich. 1999).
“§ 38.401, et seq. Benton also refers to various provisions in the Retirement Ordinance, such as § 27.”
Annotations are extracted automatically from the opinions in the
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