§ § 5Classified state civil service; scope; exempted positions; appointment and terms of

en · 6,253 chars · active
members of state civil service commission; state personnel director; duties of
 commission; collective bargaining for state police troopers and sergeants; appointments,
 promotions, demotions, or removals; increases or reductions in compensation; creating
 or abolishing positions; recommending compensation for unclassified service;
 appropriation; reports of expenditures; annual audit; payment for personal services;
 violation; injunctive or mandamus proceedings.
 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.
     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


                                                               Michigan Compiled Laws Complete Through PA 91 of 2026
Rendered Thursday, September 3, 2026             Page 2 of 4                            Courtesy of legislature.mi.gov

 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.

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