Bill Text: MI HJRIII | 2009-2010 | 95th Legislature | Introduced
Bill Title: Labor; public service employment; constitutional amendment for salary reduction for public employees and temporary pay freeze; provide for. Amends sec. 10, art. I, secs. 12 & 48, art. IV, sec. 23, art. V, secs. 3 & 18, art. VI, sec. 9, art. VII, secs. 5, 6 & 7, art. VIII & sec. 5, art. XI & adds sec. 8 to art. XI of the state constitution.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2010-08-25 - Printed Joint Resolution Filed 08/25/2010 [HJRIII Detail]
Download: Michigan-2009-HJRIII-Introduced.html
HOUSE JOINT RESOLUTION III
August 24, 2010, Introduced by Reps. McMillin, Agema and Paul Scott and referred to the Committee on Labor.
A joint resolution proposing an amendment to the state
constitution of 1963, by amending section 10 of article I, sections
12 and 48 of article IV, section 23 of article V, sections 3 and 18
of article VI, section 9 of article VII, sections 5, 6, and 7 of
article VIII, and section 5 of article XI and adding section 8 to
article XI, to impose a three-year reduction of five percent in the
pay rate for all public servants in this state.
Resolved by the Senate and House of Representatives of the
state of Michigan, That the following amendment to the state
constitution of 1963, to impose a three-year reduction of five
percent in the pay rate for all public servants in this state, is
proposed, agreed to, and submitted to the people of the state:
ARTICLE I
Sec. 10. No bill of attainder, ex post facto law or, except as
provided in section 8 of article XI, no law impairing the
obligation of contract shall be enacted.
ARTICLE IV
Sec. 12. The state officers compensation commission is created
which, subject to this section and section 8 of article XI, shall
determine the salaries and expense allowances of the members of the
legislature, the governor, the lieutenant governor, the attorney
general, the secretary of state, and the justices of the supreme
court. The commission shall consist of 7 members appointed by the
governor whose qualifications may be determined by law. Subject to
the legislature's ability to amend the commission's determinations
as provided in this section, the commission shall determine the
salaries and expense allowances of the members of the legislature,
the governor, the lieutenant governor, the attorney general, the
secretary of state, and the justices of the supreme court which
determinations shall be the salaries and expense allowances only if
the legislature by concurrent resolution adopted by a majority of
the members elected to and serving in each house of the legislature
approve them. The senate and house of representatives shall
alternate on which house of the legislature shall originate the
concurrent resolution, with the senate originating the first
concurrent resolution.
The concurrent resolution may amend the salary and expense
determinations of the state officers compensation commission to
reduce the salary and expense determinations by the same proportion
for members of the legislature, the governor, the lieutenant
governor, the attorney general, the secretary of state, and the
justices of the supreme court. The legislature shall not amend the
salary and expense determinations to reduce them to below the
salary and expense level that members of the legislature, the
governor, the lieutenant governor, the attorney general, the
secretary of state, and the justices of the supreme court receive
on
the date the salary and expense determinations are made. If
Except as provided in section 8 of article XI, if the salary and
expense determinations are approved or amended as provided in this
section, the salary and expense determinations shall become
effective for the legislative session immediately following the
next general election. The commission shall meet each 2 years for
no more than 15 session days. The legislature shall implement this
section by law.
Sec. 48. The legislature may enact laws providing for the
resolution of disputes concerning public employees, except those in
the state classified civil service. The legislature shall not enact
a law to grant a right to an administrative hearing as to a salary
reduction required under section 8 of article XI.
ARTICLE V
Sec. 23. The governor, lieutenant governor, secretary of state
and attorney general shall each receive the compensation provided
by law in full payment for all services performed and expenses
incurred during his term of office. Such compensation shall not be
changed during the term of office except as provided in section 8
of article XI and as otherwise provided in this constitution.
ARTICLE VI
Sec. 3. One justice of the supreme court shall be selected by
the court as its chief justice as provided by rules of the court.
He shall perform duties required by the court. The supreme court
shall appoint an administrator of the courts and other assistants
of the supreme court as may be necessary to aid in the
administration of the courts of this state. The administrator shall
perform administrative duties assigned by the court, subject to
section 8 of article XI.
Sec. 18. Salaries of justices of the supreme court, of the
judges of the court of appeals, of the circuit judges within a
circuit, and of the probate judges within a county or district,
shall be uniform, and may be increased but shall not be decreased
during a term of office except and only to the extent of a general
salary reduction in all other branches of government or as provided
in section 8 of article XI.
Each
Subject to section 8 of
article XI, each of the judges of
the circuit court shall receive an annual salary as provided by
law. In addition to the salary received from the state, each
circuit judge may receive from any county in which he regularly
holds court an additional salary as determined from time to time by
the board of supervisors of the county, subject to section 8 of
article XI. In any county where an additional salary is granted, it
shall be paid at the same rate to all circuit judges regularly
holding court therein.
ARTICLE VII
Sec. 9. Boards of supervisors shall have exclusive power to
fix the compensation of county officers not otherwise provided by
law, except as provided in section 8 of article XI.
ARTICLE VIII
Sec. 5. The regents of the University of Michigan and their
successors in office shall constitute a body corporate known as the
Regents of the University of Michigan; the trustees of Michigan
State University and their successors in office shall constitute a
body corporate known as the Board of Trustees of Michigan State
University; the governors of Wayne State University and their
successors in office shall constitute a body corporate known as the
Board
of Governors of Wayne State University. Each Except as
provided in section 8 of article XI, each board shall have general
supervision of its institution and the control and direction of all
expenditures from the institution's funds. Each board shall, as
often as necessary, elect a president of the institution under its
supervision. He shall be the principal executive officer of the
institution, be ex-officio a member of the board without the right
to vote and preside at meetings of the board. The board of each
institution shall consist of eight members who shall hold office
for terms of eight years and who shall be elected as provided by
law. The governor shall fill board vacancies by appointment. Each
appointee shall hold office until a successor has been nominated
and elected as provided by law.
Sec. 6. Other institutions of higher education established by
law having authority to grant baccalaureate degrees shall each be
governed
by a board of control which shall be a body corporate. The
Except as provided in section 8 of article XI, the board shall have
general supervision of the institution and the control and
direction of all expenditures from the institution's funds. It
shall, as often as necessary, elect a president of the institution
under its supervision. He shall be the principal executive officer
of the institution and be ex-officio a member of the board without
the right to vote. The board may elect one of its members or may
designate the president, to preside at board meetings. Each board
of control shall consist of eight members who shall hold office for
terms of eight years, not more than two of which shall expire in
the same year, and who shall be appointed by the governor by and
with the advice and consent of the senate. Vacancies shall be
filled in like manner.
Sec. 7. The legislature shall provide by law for the
establishment and financial support of public community and junior
colleges which, except as provided in section 8 of article XI,
shall be supervised and controlled by locally elected boards. The
legislature shall provide by law for a state board for public
community and junior colleges which shall advise the state board of
education concerning general supervision and planning for such
colleges and requests for annual appropriations for their support.
The board shall consist of eight members who shall hold office for
terms of eight years, not more than two of which shall expire in
the same year, and who shall be appointed by the state board of
education. Vacancies shall be filled in like manner. The
superintendent of public instruction shall be ex-officio a member
of this board without the right to vote.
ARTICLE XI
Sec. 5. The classified state civil service shall consist of
all positions in the state service except those filled by popular
election, heads of principal departments, members of boards and
commissions, the principal executive officer of boards and
commissions heading principal departments, employees of courts of
record, employees of the legislature, employees of the state
institutions of higher education, all persons in the armed forces
of the state, eight exempt positions in the office of the governor,
and within each principal department, when requested by the
department head, two other exempt positions, one of which shall be
policy-making. The civil service commission may exempt three
additional positions of a policy-making nature within each
principal department.
The civil service commission shall be non-salaried and shall
consist of four persons, not more than two of whom shall be members
of the same political party, appointed by the governor for terms of
eight years, no two of which shall expire in the same year.
The administration of the commission's powers shall be vested
in a state personnel director who shall be a member of the
classified service and who shall be responsible to and selected by
the commission after open competitive examination.
The commission shall classify all positions in the classified
service according to their respective duties and responsibilities;
,
subject to section 8 of this
article, fix rates of compensation
for
all classes of positions; , approve
or disapprove disbursements
for
all personal services; , determine
by competitive examination
and performance exclusively on the basis of merit, efficiency and
fitness the qualifications of all candidates for positions in the
classified
service; , make
rules and regulations covering all
personnel
transactions; , and
regulate all conditions of employment
in the classified service.
State Police Troopers and Sergeants shall, through their
elected representative designated by 50% of such troopers and
sergeants, have the right to bargain collectively with their
employer
concerning conditions of their employment; , subject to
section
8 of this article, compensation; ,
hours; , working
conditions; ,
retirement; ,
pensions; ,
and other aspects of
employment except promotions, which will be determined by
competitive examination and performance on the basis of merit,
efficiency
and fitness. ; and they They shall have the right 30
days after commencement of such bargaining to submit any unresolved
disputes, except disputes arising under section 8 of this article,
to binding arbitration for the resolution thereof the same as now
provided by law for Public Police and Fire Departments.
No person shall be appointed to or promoted in the classified
service who has not been certified by the commission as qualified
for such appointment or promotion. No appointments, promotions,
demotions or removals in the classified service shall be made for
religious, racial or partisan considerations.
Increases in rates of compensation authorized by the
commission may be effective only at the start of a fiscal year and
shall require prior notice to the governor, who shall transmit such
increases to the legislature as part of his budget. The legislature
may, by a majority vote of the members elected to and serving in
each house, waive the notice and permit increases in rates of
compensation to be effective at a time other than the start of a
fiscal year. Within 60 calendar days following such transmission,
the legislature may, by a two-thirds vote of the members elected to
and serving in each house, reject or reduce increases in rates of
compensation authorized by the commission. Any reduction ordered by
the legislature shall apply uniformly to all classes of employees
affected by the increases and shall not adjust pay differentials
already established by the civil service commission. The
legislature may not reduce rates of compensation below those in
effect at the time of the transmission of increases authorized by
the commission. Increases or decreases in compensation under this
paragraph are subject to section 8 of this article.
The appointing authorities may create or abolish positions for
reasons of administrative efficiency without the approval of the
commission. Positions shall not be created nor abolished except for
reasons of administrative efficiency. Any employee considering
himself aggrieved by the abolition or creation of a position shall
have a right of appeal to the commission through established
grievance procedures.
The civil service commission shall recommend to the governor
and to the legislature rates of compensation for all appointed
positions within the executive department not a part of the
classified service.
To enable the commission to exercise its powers, the
legislature shall appropriate to the commission for the ensuing
fiscal year a sum not less than one percent of the aggregate
payroll of the classified service for the preceding fiscal year, as
certified by the commission. Within six months after the conclusion
of each fiscal year the commission shall return to the state
treasury all moneys unexpended for that fiscal year.
The commission shall furnish reports of expenditures, at least
annually, to the governor and the legislature and shall be subject
to annual audit as provided by law.
No payment for personal services shall be made or authorized
until the provisions of this constitution pertaining to civil
service have been complied with in every particular. Violation of
any of the provisions hereof may be restrained or observance
compelled by injunctive or mandamus proceedings brought by any
citizen of the state.
Sec. 8. (1) During the fiscal crisis, to protect the general
welfare of the public by ensuring continuity of governmental
operations, notwithstanding any other provision in this
constitution, law, ordinance, contract, or act of this state or of
any state or local governmental entity of this state, for a three-
year period beginning October 1, 2011, the base pay rate of all
public servants of this state and units of local government,
including public schools and institutions of higher education,
shall be reduced by five percent from the base pay rate in effect
on January 1, 2011. Public funds of this state or a unit of local
government, including public schools and institutions of higher
education, shall not be used to pay a public servant at a rate
above the amount permitted under this section.
(2) If a reduction in base pay rate that is not due to the
requirements of this section goes into effect for a unit or group
of public servants after January 1, 2010, the reduction required
under this section shall be decreased for that unit or group by the
amount of that other reduction while that reduction is in effect.
(3) For purposes of this section, "public servant" means an
individual who receives a salary or hourly pay for services from
this state or any unit of local government, including public
schools and institutions of higher education, and includes an
employee and appointed or elected officer.
(4) The civil service commission shall implement this section.
The civil service commission shall use the appropriation required
under section 5 of this article for costs incident to implementing
this section.
(5) This section does not create a right to an administrative
hearing to resolve a dispute concerning a reduction in base pay
rate required under this section. A suit arising under this section
shall be brought in the Michigan State court of appeals.
Resolved further, That the foregoing amendment shall be
submitted to the people of the state at a special election to be
held at the same time as the 2010 March regular election in the
manner provided by law.
