Mich. Comp. Laws § 38.416

Classified civil service; removal, suspension or reduction, procedure; appeal, hearing; findings of civil service commission.

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COUNTY EMPLOYEES' CIVIL SERVICE SYSTEM

Act 370 of 1941

38.416 Classified civil service; removal, suspension or reduction, procedure; appeal, hearing; findings of civil service commission.

Sec. 16.

Any officer or employee in the classified civil service may be removed, suspended or reduced in rank or compensation by the appointing authority, after appointment or promotion is complete, by an order in writing, stating specifically the reasons therefor. The order shall be filed with the civil service commission and a copy thereof shall be furnished to the person to be removed, suspended, or reduced. The employee may reply in writing to the order within 5 days from the date of filing the order with the civil service commission. Any person removed, suspended, or reduced in rank or compensation, within 20 days after presentation to him of the order of removal, suspension, or reduction, may appeal to the civil service commission from such order. The commission within 2 weeks from the filing of the appeal, shall commence the hearing thereon, and shall thereupon fully hear and determine the matter, and either affirm, modify or revoke such order. The appellant shall be entitled to appear personally, produce evidence, and to have counsel and a public hearing. The finding and decision of the commission shall be certified to the official from whose order the appeal is taken, and shall forthwith be enforced and followed by him. If the order of the appointing authority is affirmed by the commission, the effective date of the order shall stand as issued by the appointing authority. If the order of the appointing authority is modified by the commission, compensation and other benefits shall be in accordance with and in proportion to the extent of such modification. If the order of the appointing authority is revoked by the commission, all compensation and other benefits which would have accrued to the employee from the effective date of the order shall be restored to him.

History: 1941, Act 370, Eff. Jan. 10, 1942 ;-- CL 1948, 38.416 ;-- Am. 1961, Act 96, Eff. Sept. 8, 1961

Notes of Decisions

Cited in 10 cases, 1960–2011 · leading case: Ligons v. Crittenton Hospital

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Ligons v. Crittenton Hospital (2011) mich · cites it 2× “The phrase “stating specifically” was used in MCL 38.416 and MCL 500.8133(3). The Legislature mandated in MCL 38.”

Wayne Circuit Judges v. Wayne County (1971) mich · cites it 4× “MCLA § 38.416 (Stat Ann 1971 Cum Supp § 5.”

American Federation of State, County & Municipal Employees v. Wayne County (2011) michctapp “MCL 38.416 provides, in part, that “[a]ny officer or employee in the classified civil service may be removed, suspended or reduced in rank or compensation by the appointing authority, after appointment or promotion is complete, by an order in writing, stating specifically the…”

Martin v. Wayne County Civil Service Commission (1969) michctapp · cites it 6× “Buback, under the provisions of CLS 1961, § 38.416 (Stat Ann 1969 Cum Supp § 5.1191[16]), removed from his employ Earl R.”

Bass v. Spitz (1981) mied · cites it 6× “Mich. Comp.Laws § 38.416 (Mich. Stat. Ann.”

Raven v. WAYNE CTY. BD. OF COMMRS. (1977) mich · cites it 2× “MCLA 38.416; MSA 5.1191(16). Retirement based on the objective criterion of age requires no hearing where there is no factual issue other than the employee’s age, which is not in dispute.”

In Re Loose (1993) michctapp “The collective bargaining agreement provides that automatic resignation occurs when an employee is absent for five or more consecutive days without notifying the county of the reason for the absence.”

In Re Mosby (1960) mich “Mosby appealed to the county civil service commission pursuant to section 16 of PA 1941, No 370 (CL 1948, § 38.416 [Stat Ann 1959 Cum Supp § 5.1191 (16)]).”

Crowe v. County of Wayne (1961) mich · cites it 2× “"(c) The resolution enabling the oath fails to provide lawful and proper standards and is invalid as vague and uncertain.”

Mosby v. Wayne County Civil Service Commission (1960) mich “Mosby appealed to tbe county civil service commission pursuant to section 16 of PA 1941, No 370 (CL 1948, § 38.416 [Stat Ann 1959 Cum Supp §5.1191 (16)]).”

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