Created; members generally.

101.1 Section 26.1. That there is hereby created a civil service commission.  This civil service commission shall consist of three (3) members, two (2) of whom shall be appointed by the person or group of persons who, acting singly or in conjunction, as a mayor, city manager, council, common council, or otherwise, is or are vested by law with power and authority to select, appoint, or employ the chief of a fire department in the City of Wyandotte; and they shall serve, one for a period of six (6) years from the date of his appointment; one for a period of two (2) years from the date of his appointment, the other member of the commission shall be selected by the paid members of the fire department and he shall serve for a period of four (4) years from the date of his appointment; a majority vote of the members of the fire department

Qualification of members.

101.2 Section 26.2. No person shall be appointed a member of said commission who is not a citizen of the United States, and who has not been a resident of the City of Wyandotte for a period of one year, and an elector of said county for a period of at least three (3) years immediately preceding such appointment. No commissioner shall hold any other office under the United States, State of Michigan, or of any city, or county, or other political subdivisions thereof; nor shall any commissioner serve on any political committee, or take active part in the management of any political campaign. Not more than two (2) of said commissioners, at any one time, shall be adherents of the same political party.

Vacancies in membership; removal of members.

101.3 Section 26.3. In event that any commissioner of said civil service commission shall cease to be a member thereof by virtue of death, removal or other cause, a new commissioner shall be appointed to fill out the unexpired term of said commissioner within ten (10) days after said commissioner shall have ceased to be a member of said commission. Such appointment shall be made by the officer or body who in the first instance appointed the commissioner who is no longer a member of the commission. The mayor or principal executive officer, may at any time remove any commissioner for incompetency, dereliction of duty, malfeasance in office or any other good cause, which shall be stated in writing and made a part of the records of the commission. Provided, however, that once the mayor has to remove any commissioner, such removal shall be temporary only and shall be in effect for a period of ten (10) days, if at the end of said period of ten (10) days the circuit court of the county in which said village, city or municipality is located, is in term or session. Within said ten (10) days period the mayor shall file in the office of the clerk of the circuit court of said county a petition setting forth in full the reason for said removal and praying for the confirmation by said circuit court of the action of the mayor in so removing the said commissioner. A copy of said petition, in writing, shall be served upon the commissioner so removed, simultaneously with its filing in the office of the clerk of the circuit court and shall have precedence on the docket of the said court and shall be heard by said court as soon as the removed commissioner shall demand. All rights hereby vested in said circuit court may be exercised by the judge thereof during a vacation. In the event that no term of court is being held at the time of filing of said petition, and the judge thereof cannot be reached in the county wherein the petition was filed, said petition shall be heard at the next succeeding term of said circuit court, whether regular or special, and the commissioner so suspended shall remain suspended until a hearing is had upon the petition of the mayor. The court, or the judge, thereof, in vacation, shall hear and decide upon said petition. The contestant, against whom the decision of the court or judge thereof, in vacation, shall be rendered, shall have the right of appearing in person and by counsel and presenting his defense and to petition the supreme court for a review of the decision of the circuit court as hereinbefore provided, within ten (10) days after the removal of said commissioner, such commissioner shall immediately resume his position as a member of the civil service commission.

Clerk.

101.4 Section 26.4. The city clerk shall "ex officio" be clerk of the civil service commission and shall supply to the commission without extra compensation all necessary clerical and stenographic services for the work of the civil service commission.

Adoption and induction of incumbents into civil service.

101.5 Section 26.5. For the benefit of the public service and to prevent delay, injury, or interruption therein by reason of the enactment of this charter amendment, all persons holding a position in the fire department, including the chief thereof, when this Charter amendment takes effect, who shall have served in such position for a period of at least six (6) months last past continuously, are hereby declared eligible for permanent appointment under this Charter amendment to the office, place, position or employment which they shall then hold, respectively, without examination or other act on their part, and not on probation; and every such person is hereby automatically adopted and inducted permanently into civil service, into such office, place, position or employment which such person then holds as completely and effectually to all intents and purposes as if such person had been permanently appointed thereto under civil service after examination and investigation.

State law reference—"Grandfathering" of incumbents, MCL § 38.506, MSA § 5.3356.

Persons subject to civil service and manner of appointment, promotion, etc.

101.6 Section 26.6. On and after the date of this charter amendment takes effect, appointments to and promotions in the fire department of this city shall be made only according to qualifications and fitness to be ascertained by examinations, which shall be competitive, and no person shall be appointed, re-instated, promoted or discharged as a paid member of said department regardless of rank or position, in any manner or by any means other than those prescribed in this charter amendment.

State law reference—Scope of civil service act, MCL § 38.507, MSA § 5.3357. 3

Rooms, accommodations and supplies.

101.7 Section 26.7. It shall be the duty of the mayor and heads of departments to aid the civil service commission in all proper ways in carrying out the provisions of the charter amendment, and to allow the reasonable use of public buildings and to cause suitable and convenient rooms and accommodations to be assigned and provided, and to be furnished, heated and lighted for carrying on the work and examinations of the civil service commission, and in all proper ways to facilitate the same. The civil service commission may order from the proper authorities the necessary stationery, postage stamps, official seal, and other articles to be supplied, and the necessary printing to be done, for its official use.

Powers and duties.

101.8 Section 26.8. The commission shall, within a reasonable time from the beginning of their term of office.

First: Rules and regulations. Prescribe and enforce rules and regulations for carrying into effect the provisions of this charter amendment. All rules so prepared may, from time to time, be added to, amended or rescinded.

Second: Records. Keep minutes of its own proceedings and records of its examinations and other official actions. All recommendations of applicants for office, received by the said commission or by any officer having authority to make appointments to office, shall be kept and preserved for a period of ten (10) years, and all such records, recommendations of former employees, excepted, and all written causes of removal, filed with it, shall, subject to reasonable regulations, be open for public inspection. It shall keep a roster of the members of the fire department, together with a record of service, military or naval experience, file statements on all matters relative to the character and quality of the work done and the attitude of the individual to his work, and such other ma tters as may have a bearing on promotion, transfer or discharge.

Third: Investigation and enforcement. Make investigations, either sitting in a body or through a single commissioner, concerning all matters touching the enforcement and effect of the provisions of this charter amendment, and the rules and regulations prescribed thereunder, concerning the action of any examiner or subordinate of the commission, or any person in the public service in respect to the execution of this charter amendment; and, in the course of such investigations, each commissioner shall have the power to administer oaths and affirmations, and to take testimony.

Fourth: Production of evidence, fees. Have power to subpoena and require the attendance of witnesses, and the production thereby of books and papers pertinent to the investigations and inquiries hereby authorized, and to examine them and such public records as it shall require: in relation to any matter which it has the authority to investigate. The fees of such witnesses for attendance and travel shall be the same as for witnesses before the circuit courts, and shall be paid from the appropriations for the incidental expenses of the commission. All officers in the public service, and their deputies, clerks, subordinates and employees shall attend and testify when required to do so by said commission. Any disobedience to or neglect of, any subpoena issued by the said commissioners or any one of them, to any person, shall be held a contempt of court, and shall be punished by the circuit court, within the county in which the said subpoena has been issued. Any judge of any said courts shall, upon the application of any one of said commissioners, in such cases, cause the process of said court to issue to issue [compel] such? person, or persons disobeying or neglecting any such subpoena, to appear and to give testimony before the said commissioners; and any one of them, shall have power to punish any such contempt.

Fifth: Annual report. Make an annual report to the mayor or principal executive officer showing its own action, and rules and regulations, and all exceptions thereto in force, and the practical effects thereof, and any suggestions it may approve for the effectual accomplishments of the purpose of this charter amendment, such reports shall be available for public inspection five (5) days after the same shall have been delivered to the mayor.

State law reference—Powers and duties of civil service commission, MCL § 38.509, MSA § 5.3359.

 

Applications and physical examinations.

101.9 Section 26.9.

(a) The commission shall require persons applying for admission to any examination provided for under this charter amendment or under the rules and regulations of the said commission, to file in its office, within a reasonable time prior to the proposed examination, a formal application in which the applicant shall state under oath or affirmation.

First: His full name, residence and post office address.

Second: His citizenship, age and the place and date of his birth.

Third: His health, and his physical capacity for public service.

Fourth: His business and employments and residence for at least three (3) years previous; he must have been a resident of this city for at least one year immediately preceding his application.

Fifth: Such other information as may reasonably be required, touching the applicant's qualifications and fitness for public service.

(b) Blank forms. Blank forms for such applications shall be furnished by the commission, without charge, to all persons requesting same. The commission may require in connection with such application, such certificate of citizens, physicians or others, having knowledge of the applicant as the good of the service may require. The said commission may refuse to examine an applicant, or after examination, to certify as eligible, one who is found to lack any of the established preliminary requirements for the examination of position or employment for which he applies; or who is physically so disabled as to be rendered unfit for the performance of the duties of the position to which he seeks appointment; or who is addicted to the habitual use of intoxicating liquors or drugs; or who may have been guilty of any crime, or infamous or notoriously disgraceful conduct; or who has been dismissed from the public service for delinquency or misconduct; or who has made a false statement of any material fact, or practiced or attempted to practice any deception or fraud in his application, in his examination, or in securing his eligibility; or who refuses to comply with the rules or regulations of the commission. If any applicant feels himself aggrieved by the action of the commission in refusing to examine him, or after an examination, to certify him as an eligible, as provided in this section, the commission shall, at the request of such applicant, appoint a time and place for a public hearing; at which time such applicant may appear by himself or counsel, or both, and the commission shall then review its refusal to make such examination or certifications, and testimony shall be taken. The commission shall subpoena, at the expense of the applicant, any competent witnesses requested by him. After such review, the commission shall file the testimony so taken in its records, and shall again make a decision, which decision shall be final.

(c) Physical examinations. All applicants for any position in the fire department shall undergo a physical examination which shall be conducted under the supervision of a medical committee composed of two (2) doctors of medicine appointed for the commission by the mayor. Said medical committee shall certify that an applicant is free from any bodily or mental defects, deformity or disease which might incapacitate him from the performance of the duties of the position desired before said applicant shall be permitted to take further examinations. No applications will be received if the person applying is less than twenty-one (21) years of age or more than thirty-five (35) years of age at the date of his application. Provided, however, that in event any applicant has formerly served upon the fire department of this city for a period of more than six (6) months, and has resigned from the department at a time when there were no charges of misconduct or other misfeasance pending against such applicant, within a period of two (2) years next preceding the date of his application, and is still a resident of this city, then such person shall be eligible for reinstatement in the discretion of the commission, even though such applicant shall be over the age of thirty-five (35) years. Such applicant, provided his former term of service so justifies, may be reappointed to the fire department without examination other than a physical examination; if such person shall be reinstated to the fire department, he shall be the lowest in rank in the department next above the probationers of the department.

State law reference—Applications and physical examinations, MCL § 38.510, MSA § 5.3360.

Appointments.

101.10 Section 26.10.

(a) Appointment: Rules and Regulations. The commission shall make rules and regulations providing for examinations for positions in the fire department, and for appointments to and promotions therein, and for such other matters as are necessary to carry out the purpose of this charter amendment. Due notice of the contents of such rules and regulations and of any modifications thereof shall be given by mail in due season to appointing officers effected thereby, and said rules and regulations and modifications thereof shall also be printed for public distribution. All original appointments to any position in the fire department within the terms of this charter amendment shall be for a probationary term, the conduct or capacity of the probationer has not been satisfactory to the appointing officer, the probationer shall be notified, in writing, that he will not receive permanent appointment, whereupon his employment shall cease; otherwise, his retention in the service shall be equivalent to his final appointment.

(b) Appointments: Regular. Every position, unless filled by promotion, reinstatement, or reduction, shall be filled only in the following manner. The appointing officer shall notify the commission of any vacancy in the service which he desires to fill, and shall request the certification of eligibles. The commission shall forthwith certify, from the eligible list, the names of the person who received the highest average at preceding examinations held under the provisions of this charter amendment within a period of three (3) years next preceding the date of such appointment. The appointing officer shall, thereupon, with sole reference to the relative merit and fitness of the candidate, make the appointment so certified. As each subsequent vacancy occurs, in the same or another position, precisely the same procedure shall be followed. When an appointment is made under the provisions of this section, it shall be in the first instance for the probationary period of six (6) months, as provided in this charter amendment. The term "appointing officer" as used in this charter amendment will be construed to mean the municipal officer in whom the power of appointment of members of the fire department is vested by the charter of this city.

(c) Appointments: Temporary. Whenever there are urgent reasons for filling a vacancy in any position in the fire department, and there is no list of persons eligible for appointment after a competitive examination, the appointing officer may nominate a person to the civil service commission for a noncompetitive examination; and if such nominee shall be certified by the said commission as qualified, after such noncompetitive examination, he may be appointed provisionally, to fill such vacancy until a selection and appointment can be made after a competitive examination, and in the manner prescribed in this charter amendment, but such provisional appointments shall not continue for a longer period than three (3) months, nor shall successive provisional appointments be made to the same position, under this provision.

(d) Appointments: Special. In event any position as an electrician or mechanic is to be filled, then the examination to be given to applicants for either the position of  electrician or mechanic shall be so drawn as to test only the qualification of such applicant in regard to his ability as electrician or mechanic, such examinations to be special examinations.

State law reference—Appointment, MCL § 38.511, MSA § 5.3361.

Examinations, promotions, notices.

101.11 Section 26.11. All examinations for positions or promotions shall be practical in their character and shall relate to such matters, and include such inquiries, as will fairly and fully test the comparative merit and fitness of the persons examined to discharge the duties of the employment sought by them. All examinations shall be open to all applicants who have fulfilled the preliminary requirement, stated on other sections of this charter amendment. Notice of the time and place and purpose of every examination shall be given by the commission by publication for two (2) weeks preceding such examination in the official paper of this city, and such notice shall be posted by the commission in a conspicuous place in the office and on the bulletin boards of this city for two (2) weeks before such examination. Such further notice of examinations may be given as the commission shall prescribe. The commission shall adopt reasonable regulations for permitting the presence of representatives of the press at the examination. The commission shall post in a public place at its office the eligible list containing the names and grades of those who have passed examinations for positions or promotions in the fire department, and shall indicate thereon such appointments as may be made from said list. No question in any form of application or in any examination shall be so framed as to elicit information concerning the political or religious opinions or affiliations of any applicant; nor shall inquiries be made concerning such opinions or affiliation; and all disclosures thereof shall be discountenanced. No discrimination shall be exercised, threatened, or promised by any person in the fire department against, or in favor of an applicant, eligible or employee in fire department under this charter amendment because of his political or religious opinions or affiliations.

Reductions in pay, layoffs, suspensions.

101.12 Section 26.12. No person shall be reduced in pay or position, laid off, suspended, discharged or otherwise discriminated against by any appointing officer for religious or political reasons or affiliations. In all cases of reductions, layoff or suspension of an employee or subordinate whether appointed for a definite term or otherwise, the appointing authority shall furnish such employee or subordinate with a copy of reasons for layoff, reduction or suspension, and his reasons for the same, and give such employee or subordinate a reasonable tune in which to make and file an explanation. Such order, together with the explanation, if any, of the subordinate shall be filed with the commission. Nothing in this charter amendment shall limit the power of an appointing officer to suspend without pay, for the purpose of discipline, an employee or subordinate for a reasonable period, not exceeding thirty (30) days; provided, however, that successive suspensions shall not be allowed, and provided, further, that the provisions of this charter amendment shall not apply to the temporary and exceptional appointments made under the authority of this charter amendment.

State law reference—Reductions, layoffs, etc., MCL § 38.513, MSA § 5.3363.

Tenure of office and removals.

101.13. Section 26.13. The tenure of everyone holding an office, place, position, or employment under the provisions of this charter amendment shall be only during good behavior and efficient service; and any person may be removed or discharged, suspended without pay, deprived of vacation privileges or other special privileges for incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, violation of the provisions of this charter amendment or the rules of the commission, or any other failure of good behavior, or any other acts of misfeasance, malfeasance or nonfeasance in office. Provided, however, no member of the fire department within the terms of this charter amendment shall be removed, discharged or reduced in rank or pay except for cause, and in no event until he shall have been furnished with a written statement of the reason for such actions. In every case of such removal of reduction a copy of the statement of reasons therefor and answer thereto, if the person sought to be removed desires to file such written answer, shall be furnished to the commission and entered upon its records. If the person sought to be removed or reduced shall demand it, the commission shall grant him a public hearing, which hearing shall be held within a period of ten (10) days from the filing of the charges in writing and a written answer thereto. At such hearing the burden shall be upon the removing officer to justify his action. In event that the commission fails to justify the action of the removing officer, then the person sought to be removed shall be reinstated, with full pay for the entire period during which he may have been prevented from performing his usual employment, and no charges shall be officially recorded against his record. The written record of all testimony taken at such hearing shall be kept and preserved by the commission, which record shall be sealed and not be available for public inspection, in event that no appeal shall be taken from the action of the commission. In event that the commission shall sustain the action of the removing officer the person removed shall have immediate right of appeal to the circuit court of Wayne County. Said appeal shall be taken within ninety (90) days from the entry by the commission of its final order; upon such an appeal being taken and docketed with the clerk of the circuit court of said county, the circuit court shall proceed to hear the appeal upon the original record taken therein and no additional proof shall be permitted to be introduced. The circuit court's decision shall be final, saving the employee, however, the right to petition the supreme court for a review of the court's decision. The removing officer and the person sought to be removed shall, at all times, both before the commission and upon appeal be given the right to employ counsel to represent either of them before said commission, and upon appeal, should the person removed elect to appeal to the circuit court.

Reduction in force.

101.13A. Section 26.13A. If, for reasons of economy, it shall be deemed necessary by the city to reduce the number of paid members of the department, the said city shall follow the following procedure:

Such removals shall be accomplished by suspending in numerical order commencing with the last man appointed to the fire department all recent appointees to said fire department until such reduction shall have been accomplished; provided, further, however, that in event the said fire department shall again be increased in numbers to the strength existing prior to such reduction of members the said firemen suspended last under the terms of the act shall be first reinstated before any new appointments to said fire department shall be made.

State law reference—Reduction in force, MCL § 38.514, MSA § 5.3364.

Frauds in examination prohibited.

101.14. Section 26.14. Any commissioner or examiner, or any other person, who shall wilfully by himself, or in cooperation with one or more persons, defeat, deceive or obstruct any person in respect to his right of examination or registration according to this charter amendment, or to any rules, or regulations prescribed pursuant thereto, or who shall wilfully or corruptly, falsely mark, grade, estimate or report upon the examination or proper standing of any person examined, registered or certified, pursuant to the provisions of this charter amendment, or aid in doing so, or who shall wilfully or corruptly furnish to any person any special or secret information for the purpose of either improving or injuring the prospects or chances of appointment of any person so examined, registered, or certified, or to be examined, registered or certified; or who shall impersonate any other person, or permit or aid in any manner any other person to impersonate him in connection with any examination or registration, or application or request to be examined, shall, for each offense be deemed guilty of a misdemeanor.

Violations: Penalty.

101.15 Section 26.15. Whosoever makes an appointment to office, or selects a person for employment contrary to the provisions of this charter amendment, or wilfully refuses or neglects otherwise to comply with, or conform to any of the provisions of this charter amendment, or violate any of such provisions shall be deemed guilty of a misdemeanor. Misdemeanors under the provisions of this charter amendment shall be punished by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00), or by imprisonment in the Detroit House of Correction for a term not exceeding one year, or by both fine and imprisonment, hi the discretion of the court.

Definition of terms.

101.16 Section 26.16. As used in this charter amendment the following mentioned terms shall have the following described meaning: The term "commission" means the civil service commission herein created, the term "commissioner" means any one of the three (3) commissioners of that commission.

Validity of amendment.

1O1.17. Section 26.17. If any section, subsection, subdivision, sentence, clause or phrase of this charter amendment, shall for any reason be held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this charter amendment.

Charter amendment.

101.18 Section 26.18. Any charter provision, charter amendment or ordinance previously enacted which is in conflict or inconsistent with any of the provisions of this charter amendment is hereby expressly repealed.

Date of effect.

101.19 Section 26.19. This charter amendment shall take effect fifteen (15) days after its publication and record as required by law.

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