Mich. Comp. Laws » Michigan Compiled Laws / Chapter 38 / Act 78 of 1935
Michigan Compiled Laws

Mich. Comp. Laws § 38.507 (2026)

Appointments and promotions; competitive examinations; provisions applicable to appointment, reinstatement, promotion, or discharge; applicability of section.

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FIREMEN AND POLICEMEN CIVIL SERVICE SYSTEM


Act 78 of 1935


38.507 Appointments and promotions; competitive examinations; provisions applicable to appointment, reinstatement, promotion, or discharge; applicability of section.

Sec. 7.

    Appointments to and promotions in all paid fire or police departments, or both of cities, villages, and municipalities shall be made only according to qualifications and fitness to be ascertained by competitive examinations, and no person shall be appointed, reinstated, promoted, or discharged as a full-time paid member of a department, regardless of rank or position, in any fire or police department of any city, village, or municipality in this state except as provided in this act. This section applies only to full-time paid members as defined in section 17.

History: 1935, Act 78, Imd. Eff. May 24, 1935 ;-- Am. 1945, Act 287, Imd. Eff. May 25, 1945 ;-- CL 1948, 38.507 ;-- Am. 1951, Act 15, Eff. Sept. 28, 1951 ;-- Am. 1986, Act 155, Imd. Eff. July 3, 1986

PopularName Notes:

Police and Fire Civil Service Act
Notes of Decisions
Cited in 8 cases, 1956–1985 · leading case: Valentine v. Redford Twp. Supervisor, 123 N.W.2d 227 (Mich. 1963).
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Valentine v. Redford Twp. Supervisor, 123 N.W.2d 227 (Mich. 1963). · cites it 2× “" CLS 1956, § 38.507 (Stat Ann 1958 Rev § 5.3357). Other provisions of the later act, sections 10, 11, and 12, make it as certain as legislative inventiveness can make it that no preference be given over *151 merit and fitness excepting only (section 10 [4] ) in favor of an…”
Micu v. City of Warren, 382 N.W.2d 823 (Mich. Ct. App. 1985). “In support of this assertion, the city relies upon § 7 of Act 78, MCL 38.507; MSA 5.3357, which provides: "On and after the date this act takes effect, appointments to and promotions in all paid fire and/or police departments of cities, villages or municipalities of any…”
Clinton Twp. v. Contrera, 284 N.W.2d 787 (Mich. Ct. App. 1979). · cites it 2× “[5] "On and after the date this act takes effect, appointments to and promotions in all paid fire and/or police departments of cities, villages or municipalities of any population whatsoever shall be made only according to qualifications and fitness to be ascertained by…”
Local 1383 of the Int'l Ass'n of Firefighters v. City of Warren, 279 N.W.2d 556 (Mich. Ct. App. 1979). “” MCL 38.507; MSA 5.3357. Section 12 of the act specifies the procedure to be followed to accomplish any promotion.”
Day v. Gerds, 221 N.W.2d 221 (Mich. Ct. App. 1974). “MCLA 38.507; MSA 5.3357. In the event a vacancy occurs in a given position which the appointing *551 authority desires to fill, the act specifies that the commission, upon notification, is to certify to the appointing authority, from an eligibility list, the name of the highest…”
Olson v. City of Highland Park, 76 N.W.2d 13 (Mich. 1956). “” CLS 1954, §38.507 (Stat Ann 1955 Cum Supp § 5.3357).”
Myers v. Twp. of Redford, 292 N.W.2d 698 (Mich. Ct. App. 1980). “) MCL 38.507; MSA 5.3357. The trial court then stated: "Promotions, then, are to be accomplished solely on the basis of 'qualifications and fitness’ and those qualities are to be determined by 'examinations’, the only *126 word employed to describe the method of determining…”
Bumbalough v. City of Roseville Police & Fire Civil Serv. Comm'n, 332 N.W.2d 425 (Mich. Ct. App. 1982). “6% as compared with the Rose-ville average of 21% scoring above 125. Accordingly, the trial court found that the test could not be considered competitive and, therefore, violated the statutory requirements of MCL 38.”
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