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

Mich. Comp. Laws § 38.518 (2026)

Rescission of act by majority of electors; submission of question; form of ballot; canvass; certification of results; effect of vote in favor of rescission.

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FIREMEN AND POLICEMEN CIVIL SERVICE SYSTEM


Act 78 of 1935


38.518 Rescission of act by majority of electors; submission of question; form of ballot; canvass; certification of results; effect of vote in favor of rescission.

Sec. 18.

    (1)  This act shall continue in full force and effect in any city, village, or municipality in which it has been properly adopted until rescinded by a majority of the electors voting thereon at an election at which the question of rescission of this act for that city, village, or municipality is properly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 of rescission of this act, as it relates to the fire department or police department, or both, to the electors of that city, village, or municipality at any regular or special election.

    (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and discharge of officers, fire fighters, and police officers; and to repeal certain acts and parts of acts,' be rescinded?

    Yes ( )

    No ( )."

    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qualified electors of the city, village, or municipality vote in favor of the rescission of this act, then this act is rescinded in that city, village, or municipality.

History: Add. 1951, Act 88, Eff. Sept. 28, 1951 ;-- Am. 1986, Act 155, Imd. Eff. July 3, 1986

FormerLaw Notes:

    See section 18 of Act 78 of 1935, which was repealed by Act 267 of 1945.

PopularName Notes:

Police and Fire Civil Service Act
Notes of Decisions
Cited in 3 cases, 1979–2008 · 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 38.518(1).] The act specifies that “[i]f the majority of the qualified electors of the city, village, or municipality vote in favor of the rescission of this act, then this act is rescinded in that city, village, or municipality.”
United States v. City of Warren, 759 F. Supp. 355 (E.D. Mich. 1991). · cites it 2× “Mich.Comp.Laws Ann. § 38.518 (allowing for rescission of a municipality’s adoption of the provisions of Act 78).”
Local 1383 of the Int'l Ass'n of Firefighters v. City of Warren, 279 N.W.2d 556 (Mich. Ct. App. 1979). · cites it 3× “” MCL 38.518; MSA 5.3369(1). In 1956 a proposed charter for the City of Warren, which incorporated by reference Act 78, was adopted by the electors.”
Mich. Comp. Laws § 38.518(1): 1 case
Risk v. Lincoln Charter Twp. Bd. of Trs., 760 N.W.2d 510 (Mich. Ct. App. 2008). “[MCL 38.518(1).] The act specifies that “[i]f the majority of the qualified electors of the city, village, or municipality vote in favor of the rescission of this act, then this act is rescinded in that city, village, or municipality.”
Mich. Comp. Laws § 38.518(3): 1 case
Risk v. Lincoln Charter Twp. Bd. of Trs., 760 N.W.2d 510 (Mich. Ct. App. 2008). “[MCL 38.518(1).] The act specifies that “[i]f the majority of the qualified electors of the city, village, or municipality vote in favor of the rescission of this act, then this act is rescinded in that city, village, or municipality.”
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