Bill Text: MI HJRMM | 2015-2016 | 98th Legislature | Introduced
Bill Title: Public employees and officers; state; constitutional authority for heads of principal departments to discipline employees; provide in cases of conduct negatively affecting departmental duties. Amends sec. 48, art. IV & sec. 5, art. XI of the state constitution.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-06-02 - Placed On Third Reading [HJRMM Detail]
Download: Michigan-2015-HJRMM-Introduced.html
HOUSE JOINT RESOLUTION MM
May 19, 2016, Introduced by Rep. Cotter and referred to the Committee on Workforce and Talent Development.
A joint resolution proposing an amendment to the state
constitution of 1963, by amending section 48 of article IV and
section 5 of article XI, to grant the heads of principal
departments the authority to discipline or dismiss employees in the
state classified civil service for conduct that directly and
negatively impacts the department's ability to accomplish its
statutory duties in a fair, timely, equitable, and transparent
manner and to provide for appeals.
Resolved by the Senate and House of Representatives of the
state of Michigan, That the following amendment to the state
constitution of 1963, to grant the heads of principal departments
the authority to discipline or dismiss employees in the state
classified civil service for conduct that directly and negatively
impacts the department's ability to accomplish its statutory duties
in a fair, timely, equitable, and transparent manner and to provide
for appeals, is proposed, agreed to, and submitted to the people of
the state:
ARTICLE IV
Sec. 48. The legislature may enact laws providing for the
resolution of disputes concerning public employees, except that for
those in the state classified civil service, it may enact laws only
as to grievance procedures for an appeal to the civil service
commission following discipline or dismissal by the head of a
principal department for conduct that directly and negatively
impacts the department's ability to accomplish its statutory duties
in a fair, timely, equitable, and transparent manner.
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,
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, 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 shall have the right 30 days after
commencement of such bargaining to submit any unresolved disputes
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.
Notwithstanding the powers granted to the civil service
commission, the head of a principal department may discipline or
dismiss an employee in the state classified service for conduct
that directly and negatively impacts the department's ability to
accomplish its statutory duties in a fair, timely, equitable, and
transparent manner. An employee who considers himself or herself
aggrieved by that discipline or dismissal has a right of appeal to
the commission through grievance procedures established by law. The
civil service commission may reverse the discipline or dismissal of
an employee under this paragraph if the department head's decision
was arbitrary or capricious.
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.
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.
Resolved further, That the foregoing amendment shall be
submitted to the people of the state at the next general election
in the manner provided by law.
