Michigan Compiled Laws

Mich. Comp. Laws § 38.511 (2026)

Rules for examinations; minimum passing grade; notice and distribution of rules; probationary period; final appointment; hearing; procedure for filling position or vacancy; temporary appointments; special examinations; “appointing officer” defined.

✓ current as of July 2026

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FIREMEN AND POLICEMEN CIVIL SERVICE SYSTEM

Act 78 of 1935

38.511 Rules for examinations; minimum passing grade; notice and distribution of rules; probationary period; final appointment; hearing; procedure for filling position or vacancy; temporary appointments; special examinations; “appointing officer” defined.

Sec. 11.

(1) The civil service commission in each city, village, or municipality shall make rules providing for examinations of applicants for positions in the paid fire or police departments in each city, village, or municipality under this act, for appointments, and for such other matters as are necessary to carry out the purposes of this act. The minimum passing grade for numerically scored entry level examinations shall be at least 70. Seventy shall designate the applicant's demonstration of the minimum acceptable level of performance on the individual or cumulative selection procedures, or both. After initial appointment, the minimum passing grade for any examination shall be at least 70%. Due notice of the contents of the rules and of any modifications to the rules shall be given, by mail, in due season, to appointing officers affected thereby, and the rules and rule modifications shall be printed also for public distribution. All original appointments to any positions in a fire department, within the terms of this act, shall be for a probationary period of 6 months. All original appointments to any positions in a police department, within the terms of this act, shall be for a probationary period of 1 year after the completion of legally required courses of basic training. At any time during the probationary period, an appointee may be dismissed for cause, in the manner provided in this act. If at the close of this probationary term the conduct or capacity of the probationer has not been satisfactory to the appointing officer, the probationer shall be notified within 10 days, in writing, that he or she will not receive permanent appointment, whereupon his or her employment shall cease. Otherwise, his or her retention in the service shall be equivalent to final appointment. The probationer shall be entitled to a hearing before the commission as provided in section 14.

(2) Every entry position, unless filled by reinstatement, shall be filled only in the following manner: The appointing officer shall notify the civil service commission of any vacancy in the service which he or she desires to be filled, and shall request the certification of eligibles. The commission immediately shall certify from the eligible list the names of the persons who received the highest 5 average composite scores on examinations held under the provisions of this act within a period of 2 years next preceding the date of the appointment. The appointing officer, thereupon, with sole reference to the merit and fitness of the candidates, shall make the appointment from the names certified. As each subsequent vacancy occurs, precisely the same procedure shall be followed. When an appointment is made under this section, it shall be in the first instance for the probationary period, as provided in this act.

(3) All positions, other than entry, shall be filled only in the following manner: The appointing officer shall notify the civil service commission of any vacancy in the service which he or she desires to be filled and shall request the certification of eligibles. The commission immediately shall certify from the eligible list the name of the person who received the highest average at preceding examinations held under the provisions of this act within a period of 2 years next preceding the date of the appointment. The appointing officer, thereupon, with sole reference to the merit and fitness of the candidates, shall make the appointment certified. As each subsequent vacancy occurs, precisely the same procedure shall be followed. When an appointment is made under this section, it shall be in the first instance for the probationary period, as provided in this act.

(4) Whenever there are urgent reasons for filling a vacancy in any position in the fire or police department and there is no list of persons eligible for appointment, the appointing officer may nominate a person to the civil service commission for a noncompetitive examination. If the nominee is certified by the commission as qualified, after a noncompetitive examination, he or she may be appointed temporarily to fill the vacancy until a selection and appointment can be made after a competitive examination, and in the manner prescribed in this act. However, the temporary appointment shall not continue for more than 3 months, nor shall successive temporary appointments be made to the same position. In the event of an emergency due to a war in which this country is involved, the civil service commission may make temporary appointments to fill vacancies when appointments cannot be made under the provisions of this act. These appointments shall be temporary, and only during hostilities, and for 6 months thereafter.

(5) In event any position as an electrician, mechanic, radio engineer, fire inspector, or fire alarm operator is to be filled in a paid fire or police department, then the examination to be given to applicants shall be so drawn as to test only the qualifications of the applicants in regard to their ability as an electrician, mechanic, radio engineer, fire inspector, or fire alarm operator. The examinations shall be special examinations.

(6) As used in this section, "appointing officer" means the mayor or principal administrative or executive officer in any city, village, or municipality.

History: 1935, Act 78, Imd. Eff. May 24, 1935 ;-- Am. 1941, Act 151, Eff. Jan. 10, 1942 ;-- Am. 1943, Act 173, Eff. July 30, 1943 ;-- Am. 1945, Act 287, Imd. Eff. May 25, 1945 ;-- CL 1948, 38.511 ;-- Am. 1949, Act 271, Eff. Sept. 23, 1949 ;-- Am. 1956, Act 162, Eff. Aug. 11, 1956 ;-- Am. 1971, Act 47, Imd. Eff. June 28, 1971 ;-- Am. 1986, Act 155, Imd. Eff. July 3, 1986

PopularName Notes:

Police and Fire Civil Service Act

Notes of Decisions

Cited in 16 cases, 1963–2018 · 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 3× “By enactment of the 1935 civil service act, the legislature authorized procedures whereby any city, village, or municipality employing full-time fire or police departments, whose electors so desired, could improve and maintain a high quality of performance in such publicly vital…”

DeGrace v. Shelby Twp. Police & Fire Civil Serv. Comm'n, 389 N.W.2d 137 (Mich. Ct. App. 1986). · cites it 8× “DeGrace asserts that the trial court erred in holding that defendants are not compelled by law, MCL 38.511(b); MSA 5.3361(b), to fill the vacant position of Shelby Township chief of police.”

Micu v. City of Warren, 382 N.W.2d 823 (Mich. Ct. App. 1985). “In § 11, MCL 38.511; MSA 5.3361, civil service commissions are required to make rules for such "matters as are necessary to carry out the purposes of this act”.”

Killingsworth v. Police & Fire Dep't Civil Serv. Comm'n, 162 N.W.2d 826 (Mich. Ct. App. 1968). · cites it 2× “The two paragraphs under review are sections lib and 11c of CL 1948, § 38.511 (b) and (c), as amended by PA 1956, No 162 (Stat Ann 1958 Rev § 5.”

Kulek v. City of Mount Clemens, 416 N.W.2d 321 (Mich. Ct. App. 1987). “MCL 38.511(b); MSA 5.3361.] Clearly, this provision requires the certification of *57 the person who received the highest test score.”

City of Troy v. Troy Civil Serv. Comm'n, 265 N.W.2d 759 (Mich. Ct. App. 1978). · cites it 2× “1 MCLA 38.511; MSA 5.3361. 2 MCLA 38.514; MSA 5.”

Day v. Gerds, 221 N.W.2d 221 (Mich. Ct. App. 1974). · cites it 3× “MCLA 38.511(b); MSA 5.3361(b). The appointing authority is not required by the act to fill vacancies which occur.”

Arsenault v. Mayor of Taylor, 296 N.W.2d 351 (Mich. Ct. App. 1980). “The general procedure by which an individual becomes a policeman is provided for by MCL 38.511(b); MSA 5.3361(b): "The appointing officer shall notify the civil service commission of any vacancy in the service which he desires to fill, and shall request the certification of…”

Small v. Saginaw City Manager, 197 N.W.2d 850 (Mich. Ct. App. 1972). · cites it 7× “MCLA 38.511(b); MSA 5.3361(b) provides: “Every position, unless filled by reinstatement, shall be filled only in the following manner: The appointing officer shall notify the civil service commission of any vacancy in the service which he desires to fill, and shall request the…”

Myers v. Twp. of Redford, 292 N.W.2d 698 (Mich. Ct. App. 1980). · cites it 3× “In a carefully reasoned opinion, the trial court noted the fundamental object of the statute and considered the meaning of the word "examination” as it is used in MCL 38.511; MSA 5.3361. The trial court noted that the fundamental objective of the legislation is to cause…”

Loose v. City of Dearborn Heights, 180 N.W.2d 105 (Mich. Ct. App. 1970). · cites it 2× “78, MCLA § 38.511 (Stat Ann 1958 Rev § 5.3361) which provided for appointment and promotion of police and fire department personnel pursuant to civil service examinations.”

Ona Lee Aguilar v. City of Saginaw (Mich. Ct. App. 2018). · cites it 3× “Second, the city contended, it would have been illegal under MCL 38.511(4) to appoint Aguilar as a successive interim fire chief without entering an agreement with the union.”

Show all 16 citing cases →

— Mich. Comp. Laws § 38.511(4) — 2 cases

Ona Lee Aguilar v. City of Saginaw (Mich. Ct. App. 2018). “Second, the city contended, it would have been illegal under MCL 38.511(4) to appoint Aguilar as a successive interim fire chief without entering an agreement with the union.”

Ona Lee Aguilar v. City of Saginaw (Mich. Ct. App. 2018).

— Mich. Comp. Laws § 38.511(a) — 1 case

Myers v. Twp. of Redford, 292 N.W.2d 698 (Mich. Ct. App. 1980). “In a carefully reasoned opinion, the trial court noted the fundamental object of the statute and considered the meaning of the word "examination” as it is used in MCL 38.511; MSA 5.3361. The trial court noted that the fundamental objective of the legislation is to cause…”

— Mich. Comp. Laws § 38.511(b) — 7 cases

DeGrace v. Shelby Twp. Police & Fire Civil Serv. Comm'n, 389 N.W.2d 137 (Mich. Ct. App. 1986). “DeGrace asserts that the trial court erred in holding that defendants are not compelled by law, MCL 38.511(b); MSA 5.3361(b), to fill the vacant position of Shelby Township chief of police.”

Killingsworth v. Police & Fire Dep't Civil Serv. Comm'n, 162 N.W.2d 826 (Mich. Ct. App. 1968). “The two paragraphs under review are sections lib and 11c of CL 1948, § 38.511 (b) and (c), as amended by PA 1956, No 162 (Stat Ann 1958 Rev § 5.”

Small v. Saginaw City Manager, 197 N.W.2d 850 (Mich. Ct. App. 1972). “MCLA 38.511(b); MSA 5.3361(b) provides: “Every position, unless filled by reinstatement, shall be filled only in the following manner: The appointing officer shall notify the civil service commission of any vacancy in the service which he desires to fill, and shall request the…”

— Mich. Comp. Laws § 38.511(c) — 2 cases

Day v. Gerds, 221 N.W.2d 221 (Mich. Ct. App. 1974). “MCLA 38.511(b); MSA 5.3361(b). The appointing authority is not required by the act to fill vacancies which occur.”

Fraternal Order of Police Labor Council v. Twp. of Flint, 390 N.W.2d 146 (Mich. 1986).

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