Michigan Compiled Laws

Mich. Comp. Laws § 38.514 (2026)

Tenure; grounds for removal, discharge, suspension, or deprivation of privileges; cause; written statement of charges; answer; hearing; reinstatement; record of testimony; appeal; counsel; reduction of full-time paid members; new appointments.

✓ current as of July 2026

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FIREMEN AND POLICEMEN CIVIL SERVICE SYSTEM

Act 78 of 1935

38.514 Tenure; grounds for removal, discharge, suspension, or deprivation of privileges; cause; written statement of charges; answer; hearing; reinstatement; record of testimony; appeal; counsel; reduction of full-time paid members; new appointments.

Sec. 14.

(1) The tenure of each person holding an office, place, position, or employment under this act shall be only during good behavior and efficient service, and any person may be removed or discharged, suspended without pay, and deprived of vacation privileges or other special privileges by the civil service commission for incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment to the public, neglect of duty, a violation of this act or of the rules of the commission, or for any other failure of good behavior, or for any other acts of misfeasance, malfeasance, or nonfeasance in office. However, a member of any fire or police department encompassed by this act shall not be removed, discharged, reduced in rank or pay, suspended, or otherwise punished except for cause, and in no event until he or she has been furnished with a written statement of the charges and the reasons for the actions. In addition, all charges shall be void unless filed within 90 days after the date the violation occurred, except in the case of a probationer, whose violations may accumulate for the probationary period. In each case where charges have been made a copy of the statement of the reasons for the charges and the answers thereto, if the person sought to be removed desires to file a written answer, shall be furnished to the civil service commission and entered upon its records. The answer shall be filed by the member within 5 days after service of the charges upon him or her. If the person sought to be removed or reduced demands it, the civil service commission shall grant him or her a public hearing, which hearing shall be held within a period of 10 days after the filing of the charges in writing and a written answer thereto. Pending the period between the making of the charges as a basis for removal and the decision thereon by the commission, the member shall remain in office. At the hearing, the burden shall be upon the removing officer to justify his or her action. If the removing officer fails to make charges to the satisfaction of a member or members of a fire or police department in a city, village, or municipality, the member or members of the fire or police department may present the information to the civil service commission. If the civil service commission fails to justify the action of the removing officer, then the person sought to be removed shall be reinstated with full pay for the entire period during which time he or she may have been prevented from performing his or her usual employment, and no charges shall be officially recorded against his or her record. A written record of all testimony taken at the hearing shall be kept and preserved by the civil service commission, which record shall be sealed and not be made available for public inspection if an appeal is not taken from the action of the commission. If the civil service commission sustains the action of the removing officer, the person removed shall have an immediate right of appeal to the circuit court of the county in which the city, village, or municipality is situated. The appeal shall be taken within 90 days after the date the civil service commission enters its final order. If an appeal is made, the circuit court shall hear the appeal upon the original record, and additional proof shall not be offered into evidence. The circuit court's decision shall be final. However, the employee has the right to petition the supreme court for a review of the court's decision. The removing officer and the person sought to be removed at all times, both before the civil service commission and upon appeal, may employ counsel to represent either of them before the civil service commission and, upon appeal, before the circuit court.

(2) If for reasons of economy it shall be deemed necessary by any city, village, or municipality to reduce the number of full-time paid members of any fire or police department, the municipality shall follow the following procedure: Removals shall be accomplished by suspending in numerical order, commencing with the last employee appointed to the fire or police department, all recent appointees to the fire or police department until the reductions are made. However, if the fire or police department increases in numbers to the strength existing before the reductions were made, the fire fighters or police officers suspended last under this act shall be reinstated before any new appointments to the fire or police department are made.

History: 1935, Act 78, Imd. Eff. May 24, 1935 ;-- Am. 1943, Act 173, Eff. July 30, 1943 ;-- Am. 1945, Act 287, Imd. Eff. May 25, 1945 ;-- CL 1948, 38.514 ;-- Am. 1949, Act 271, Eff. Sept. 23, 1949 ;-- Am. 1986, Act 155, Imd. Eff. July 3, 1986

PopularName Notes:

Police and Fire Civil Service Act

Notes of Decisions

Cited in 43 cases (2 in the last 5 years), 1961–2023 · leading case: Goodridge v. Ypsilanti Twp. Bd., 529 N.W.2d 665 (Mich. Ct. App. 1995).

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Goodridge v. Ypsilanti Twp. Bd., 529 N.W.2d 665 (Mich. Ct. App. 1995). · cites it 16× “The letter indicated that his employment was terminated and that pursuant to the firemen's and policemen's service act (FPSA), MCL 38.514; MSA 5.3364, the matter was being referred to the YTCSC.”

Payne v. Muskegon, 514 N.W.2d 121 (Mich. 1994). · cites it 2× “These other charges, however, were not brought within ninety days of the date of violation, contrary to MCL 38.514; MSA 5.3364. 393 Mich 428 . Finally, in Fannon v Southfield, 405 Mich 558, 560 ; 275 NW2d 256 (1979), the Court remanded for reconsideration of the penalty imposed…”

Goodridge v. Ypsilanti Twp. Bd., 547 N.W.2d 668 (Mich. 1996). · cites it 4× “The letter indicated that his employment was terminated and that pursuant to the firemen’s and policemen’s service act (fpsa), MCL 38.514; MSA 5.3364, the matter was being referred to the ytcsc [Ypsilanti Township Civil Service Commission].”

City of Saginaw v. Michigan Law Enf't Union, Teamsters Local 129, 358 N.W.2d 356 (Mich. Ct. App. 1984). · cites it 4× “” MCL 38.514; MSA 5.3364. Finally, Article XIII provides for a multi-step grievance procedure culminating in final and binding arbitration for "matters involving the interpretation, application or enforcement of the terms” of the agreement.”

Mollett v. City of Taylor, 494 N.W.2d 832 (Mich. Ct. App. 1992). · cites it 2× “MCL 38.514; MSA 5.3364. The collective bargaining agreement between Local 1252, International Association of Firefighters and the City of Taylor provides fire fighters with the right to bring grievances and for an arbitrator to rule on those grievances.”

Konyha v. Mount Clemens Civil Serv. Comm'n, 224 N.W.2d 833 (Mich. 1975). · cites it 4× “Clemens Civil Service Commission to determine a proper period of suspension for Konyha and to award him the back pay to which he is entitled.”

Golembiowski v. Madison Heights Civil Serv. Comm'n, 286 N.W.2d 69 (Mich. Ct. App. 1979). · cites it 2× “Next, plaintiff decries the procedural basis of his dismissal, maintaining that under § 14 of 1935 PA 78 (Act 78) (fireman and policeman’s civil service act), MCL 38.514; MSA 5.3364, only the Commission can lawfully terminate an officer’s employment, and therefore, his discharge…”

Shelby Twp. Fire Dep't v. Shields, 320 N.W.2d 306 (Mich. Ct. App. 1982). · cites it 2× “Shields also contends that his discharge was improper under MCL 38.514; MSA 5.3364, which provides that a fireman may not be discharged except for cause.”

Core v. City of Traverse City, 280 N.W.2d 569 (Mich. Ct. App. 1979). · cites it 2× “cient service; and any such person may be removed or discharged, *497 suspended without pay, deprived of vacation privileges or other special privileges, by the civil service commission, for incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination,…”

Hunn v. City of Madison Heights, 230 N.W.2d 414 (Mich. Ct. App. 1975). · cites it 2× “In view of the Solomon decision, the trial court felt that the record made before the civil service commission did not establish with sufficient definitiveness, the date on which the city received actual notice of the plaintiffs wrongdoing involving the beer and the loan.”

Beer v. City of Fraser Civil Serv. Comm'n, 338 N.W.2d 197 (Mich. Ct. App. 1983). “Plaintiffs sought an order from the circuit court compelling the commission to suspend and discharge Sergeant Spinelli.”

Robertson v. City of Detroit, 345 N.W.2d 695 (Mich. Ct. App. 1983). “where a police or fire employee disputes a ruling of the civil service commission, at least with regard to certain disciplinary actions, that employee may seek judicial review of the commission’s decision within 90 days of the commission’s ruling in "the circuit court of the…”

Show all 43 citing cases →

— Mich. Comp. Laws § 38.514(1) — 2 cases

Mollett v. City of Taylor, 494 N.W.2d 832 (Mich. Ct. App. 1992). “MCL 38.514; MSA 5.3364. The collective bargaining agreement between Local 1252, International Association of Firefighters and the City of Taylor provides fire fighters with the right to bring grievances and for an arbitrator to rule on those grievances.”

Richard Maierle v. Charter Twp. of Clinton (Mich. Ct. App. 2023).

— Mich. Comp. Laws § 38.514(14)(1) — 2 cases

Stephen Skalnek v. Richard Skalnek (Mich. Ct. App. 2017).

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