FIREMEN AND POLICEMEN CIVIL SERVICE SYSTEM
Act 78 of 1935
38.513 Reduction in pay, suspension or discharge; discrimination prohibited; hearing by civil service commission.
Sec. 13.
No person shall be reduced in pay or position, laid off, suspended, discharged or otherwise discriminated against by any appointing officer for religious or political reasons or affiliations. In all cases of reductions, layoff, or suspension of an employee or subordinate, whether appointed for a definite term or otherwise the appointing authority shall furnish such employees or subordinate with a copy of reasons for layoff, reduction, or suspension and his reasons for the same, and give such employee or subordinate a reasonable time in which to make and file an explanation. Such order together with the explanation, if any, of the subordinate shall be filed with the commission: Provided, however, That the employee or subordinate shall be entitled to a hearing before the commission as provided in section 14. Nothing in this act contained shall limit the power of an appointing officer to suspend without pay, for purposes of discipline, an employee or subordinate for a reasonable period, not exceeding 30 days: Provided, however, That successive suspensions shall not be allowed, and after such suspension, employees shall be entitled to a hearing as provided for in this section and in section 14: And provided further, That the provisions of this act shall not apply to temporary and exceptional appointments made under the authority of this act.
History: 1935, Act 78, Imd. Eff. May 24, 1935 ;-- CL 1948, 38.513 ;-- Am. 1949, Act 271, Eff. Sept. 23, 1949
PopularName Notes:
Police and Fire Civil Service Act
Notes of Decisions
Core v. City of Traverse City, 280 N.W.2d 569 (Mich. Ct. App. 1979).
· cites it 3× “While plaintiff was apparently aware of the driving suspension, the notice provisions of MCL 38.513; MSA 5.3363 were not satisfied.”
Hunn v. City of Madison Heights, 230 N.W.2d 414 (Mich. Ct. App. 1975).
· cites it 3× “The trial court was of the opinion that because the plaintiff was given a one day suspension by the city manager in a letter July 27, 1972 in which the false felony report was mentioned, no further pen *331 alty could be imposed due to the provisions of MCLA 38.513; MSA 5.3363.…”
Arsenault v. Mayor of Taylor, 296 N.W.2d 351 (Mich. Ct. App. 1980).
“o member of any fire or police department within the terms of this act shall be removed, discharged, reduced in rank or pay, suspended or otherwise punished except for cause, and in no event until he shall have been furnished with a written statement of the charges and the…”
Buckner v. City of Highland Park, 681 F. Supp. 1256 (E.D. Mich. 1988).
· cites it 4× “§ 38.513): In all cases of ... suspension of an employee or subordinate, whether appointed for a definite term or otherwise the appointing authority shall furnish such employees or subordinate with a copy of reasons for .”
Niazy v. Utica Civil Serv. Comm'n, 206 N.W.2d 468 (Mich. Ct. App. 1973).
· cites it 2× “The pertinent portions of the applicable statutes follow: MCLA 38.513; MSA 5.3363: "In all cases of * * * suspension of an employee * * * the appointing authority shall furnish such employee * * * with a copy of reasons for * * * suspension and his reasons for the same, and give…”
Szymanski v. City of Warren, 333 N.W.2d 175 (Mich. Ct. App. 1983).
“Under § 17’s expansive definition of "appointing authority”, which comports fully with the provisions of the City of Warren charter, the police commissioner is clearly the person upon whose satisfaction the permanent retention of a probationary police officer is dependent.”
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.