Michigan Compiled Laws

Mich. Comp. Laws § 38.413 (2026)

Classified civil service; appointments, probationary period, temporary appointments; war veterans.

✓ current as of July 2026

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COUNTY EMPLOYEES' CIVIL SERVICE SYSTEM

Act 370 of 1941

38.413 Classified civil service; appointments, probationary period, temporary appointments; war veterans.

Sec. 13.

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 such position belongs, and the appointing authority shall forthwith appoint to such position one of the 3 persons so certified. Such 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 may, by presenting specific reasons for such action in writing, discharge a probational appointee, or, with the approval of the civil service commission, transfer him 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 complete. To prevent the stoppage of business or to meet extraordinary conditions or emergencies, the head of any department or office, may with the approval of the commission, make a temporary appointment to remain for not exceeding 60 days, or until regular appointment under the provisions hereof can be made.

War veterans shall have 10 points added to their earned ratings who have an honorable discharge from any branch of the armed forces in time of war, and 15 points shall be added to the earned ratings of all honorably discharged veterans who have served in time of war and have a service connected disability if all other requirements of this act have been complied with by such war veterans.

History: 1941, Act 370, Eff. Jan. 10, 1942 ;-- CL 1948, 38.412 ;-- Am. 1961, Act 96, Eff. Sept. 8, 1961

Notes of Decisions

Cited in 5 cases, 1960–1986 · leading case: Meiland v. Wayne Prob. Judge, 101 N.W.2d 336 (Mich. 1960).

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Meiland v. Wayne Prob. Judge, 101 N.W.2d 336 (Mich. 1960). · cites it 2× “CL 1948, § 38.413 (Stat Ann 1957 Cum Supp § 5.1191[13]), provides the method of appointment to positions in classified service and provides for the probationary period under the county civil service act.”

Charron v. Hanus, 205 N.W.2d 90 (Mich. Ct. App. 1972). “Charron relies on the statutory language that the appointing authority "shall forthwith appoint” (MCLA 38.413; MSA 5.1191[13]) one of the eligible persons certified by the Civil Service Commission.”

Fish v. Gen. Employees' Civil Serv. Comm'n, 336 N.W.2d 484 (Mich. Ct. App. 1983). “The Charron Court held that an appointing authority could either select an applicant from the eligibility list or decide not to fill the position: "Charron relies on the statutory language that the appointing authority 'shall forthwith appoint’ (MCL 38.413; MSA 5.1191[13]) one…”

DeGrace v. Shelby Twp. Police & Fire Civil Serv. Comm'n, 389 N.W.2d 137 (Mich. Ct. App. 1986). “MCL 38.413; MSA 5.1191(13). This Court in Charron found that this similar provision did not mandate appointment.”

Raven v. Wayne Cnty. Bd. of Supervisors, 162 N.W.2d 897 (Mich. Ct. App. 1968). “CLS 1961, § 38.413 (Stat Ann 1968 Cum- Supp § 5.1191 [13]), which provides for appointment to fill a position in competitive civil service permits the “head of any department” to make a “temporary appointment” for 60 days or less pending a “regular appointment” to such position.”

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