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

Mich. Comp. Laws § 38.517a (2026)

Approval of act by majority of electors; submission of question by resolution; petition; form of ballot; canvass; certification of results; effect of adoption.

✓ current as of July 2026
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FIREMEN AND POLICEMEN CIVIL SERVICE SYSTEM


Act 78 of 1935


38.517a Approval of act by majority of electors; submission of question by resolution; petition; form of ballot; canvass; certification of results; effect of adoption.

Sec. 17a.

    (1)  This act does not affect any city, village, or municipality until approved by a majority of the electors voting thereon at an election at which the question of adoption of this act for that city, village, or municipality is properly submitted.

    (2) The governing body of any city, village, or municipality, by resolution, may submit the question described in subsection (1) to the electors of the city, village, or municipality at any regular or special election. In addition, the governing body of any city, village, or municipality, by resolution, shall submit the question described in subsection (1) to the electors of the city, village, or municipality at any regular or special election on the filing of a petition requesting a submission with the governing body, which petition is signed in accordance with the provisions of the city, village, or municipal charter for referendums on ordinances. If there are no provisions in the city, village, or municipal charter governing the submission of ordinances by referendum petition, then the petition must be signed by 10% of the registered voters in the city, village, or municipality.

    (3) The form of ballot shall be as follows:

    "Shall Act No. 78 of the Public Acts of 1935, entitled as amended, 'An act to establish and provide a board of civil service commissioners in cities, villages, and municipalities having full-time paid members in the fire or police departments, or both; to provide a civil service system based upon examination and investigation as to merit, efficiency, and fitness for appointment, employment, and promotion of all full-time paid members appointed in the fire and police departments and respective cities, villages, and municipalities; to regulate the transfer, reinstatement, suspension, and discharge of officers, fire fighters, and police officers; and to repeal certain acts and parts of acts,' be adopted?

    Yes ( )

    No ( )."

    (4) The ballots shall be cast and canvassed, and the results of the election certified in the same manner as ballots on any question submitted to the electors of the city, village, or municipality. If the majority of the qualified electors of the city, village, or municipality vote in favor of the adoption of this act, then this act shall be in full force and effect in that city, village, or municipality.

History: 1935, Act 78, Imd. Eff. May 24, 1935 ;-- CL 1948, 38.517a ;-- 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 5 cases, 1963–2008 · leading case: Risk v. Lincoln Charter Twp. Bd. of Trs., 760 N.W.2d 510 (Mich. Ct. App. 2008).
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Risk v. Lincoln Charter Twp. Bd. of Trs., 760 N.W.2d 510 (Mich. Ct. App. 2008). · cites it 2× “MCL 38.517a(2). The act provides that “[i]f the majority of the qualified electors of the city, village, or municipality vote in favor of the adoption of this act, then this act shall be in full force and effect in that city, village, or municipality.”
Valentine v. Redford Twp. Supervisor, 123 N.W.2d 227 (Mich. 1963). · cites it 2× “[3] CLS 1956, § 38.517a (Stat Ann 1958 Rev § 5.3368). [4] CL 1948, § 38.”
United States v. City of Warren, 759 F. Supp. 355 (E.D. Mich. 1991). · cites it 2× “See Mich. Comp.Laws Ann. § 38.517a (requiring that provisions of Act 78 cannot go into effect until a majority of electors in the municipality approve its adoption).”
Clinton Twp. v. Contrera, 284 N.W.2d 787 (Mich. Ct. App. 1979). · cites it 4× “MCL 38.517a; MSA 5.3368. [1] Article IV of the collective bargaining agreement provides for a grievance and arbitration procedure.”
Local 1383 of the Int'l Ass'n of Firefighters v. City of Warren, 279 N.W.2d 556 (Mich. Ct. App. 1979). “3368 states: "The foregoing provisions of this act shall not take effect in any city, village or municipality until approved by a majority of the electors voting thereon at an election at which the question of adoption of this act for that city, village or municipality is…”
Mich. Comp. Laws § 38.517a(2): 1 case
Risk v. Lincoln Charter Twp. Bd. of Trs., 760 N.W.2d 510 (Mich. Ct. App. 2008). “MCL 38.517a(2). The act provides that “[i]f the majority of the qualified electors of the city, village, or municipality vote in favor of the adoption of this act, then this act shall be in full force and effect in that city, village, or municipality.”
Mich. Comp. Laws § 38.517a(4): 1 case
Risk v. Lincoln Charter Twp. Bd. of Trs., 760 N.W.2d 510 (Mich. Ct. App. 2008). “MCL 38.517a(2). The act provides that “[i]f the majority of the qualified electors of the city, village, or municipality vote in favor of the adoption of this act, then this act shall be in full force and effect in that city, village, or municipality.”
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