COUNTY EMPLOYEES' CIVIL SERVICE SYSTEM
Act 370 of 1941
38.415 Classified civil service; vacancies, promotion, basis.
Sec. 15.
Whenever possible, vacancies shall be filled by promotion. Promotion shall be made from among employees qualified by training and experience to fill the vacancy, and whose length of service entitles them to consideration. The commission shall, for the purpose of promotion, rate such employees so qualified on the basis of their service record if maintained, experience in the work involved in the vacant position, training and qualification for such work, seniority and war service ratings. Seniority shall be controlling only when other factors are equal. Only 1 name, the highest on the list of ratings, shall be certified. The appointing authority shall then appoint the person so qualified forthwith, or elect to make an original appointment, in which event the procedure for original appointments hereinbefore provided shall be followed.
History: 1941, Act 370, Eff. Jan. 10, 1942 ;-- CL 1948, 38.415 ;-- Am. 1951, Act 81, Eff. Sept. 28, 1951 ;-- Am. 1957, Act 241, Eff. Sept. 27, 1957
Notes of Decisions
Am. Fed'n of State, Cnty. & Mun. Employees v. Wayne Cnty., 811 N.W.2d 4 (Mich. Ct. App. 2011).
· cites it 2× “416, 11 which are provisions contained in the county *95 employees’ civil service act, and which, according to the union, do not give any authority to the WCC or any court to dictate the assignment of a court clerk to a courtroom or the removal of a court clerk from a courtroom.…”
Burton v. Velosky, 177 N.W.2d 679 (Mich. Ct. App. 1970).
“The statute, CLS 1961, § 38.415 (Stat Ann 1961 Rev § 5.1191 [15]), gives the appointing authority the choice of appointing the person certified or to make an original appointment.”
Roberts v. Wayne Cnty., 439 N.W.2d 331 (Mich. Ct. App. 1989).
· cites it 2× “302(14)(1)(f) and MCL 38.415; MSA 5.1191(15). Legal issues pertaining to the construction of statutes are not particularly within the scope of the expertise of MERC, but are more properly brought before the circuit court.”
Dubisky v. Wayne Cnty. Civil Serv. Comm'n, 315 N.W.2d 545 (Mich. Ct. App. 1981).
· cites it 3× “” MCL 38.415; MSA 5.1191(15). Plaintiff argues that the rules of the civil service commission created the eligibility list, placed him highest on the list and thus under § 15 created a *367 legitimate expectation of, and a property interest in, the next available fire-fighter…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.