Article XI, Michigan Constitution

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Article XI of the Michigan Constitution is entitled Public Officers and Employment. It has seven sections.

Section 1

Text of Section 1:

Oath of Public

All officers, legislative, executive and judicial, before entering upon the duties of their respective offices, shall take and subscribe the following oath or affirmation: I do solemnly swear (or affirm) that I will support the Constitution of the United States and the constitution of this state, and that I will faithfully discharge the duties of the office of . . . . . . . . . . . . . . . . . . according to the best of my ability. No other oath, affirmation, or any religious test shall be required as a qualification for any office or public trust.

History: Const. 1963, Art. XI, §1, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. XVI, §2.

Section 2

Text of Section 2:

Terms of Office of State and County Officers

The terms of office of elective state officers, members of the legislature and justices and judges of courts of record shall begin at twelve o’clock noon on the first day of January next succeeding their election, except as otherwise provided in this constitution. The terms of office of county officers shall begin on the first day of January next succeeding their election, except as otherwise provided by law.

History: Const. 1963, Art. XI, §2, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. XVI, §1.

Section 3

Text of Section 3:

Extra Compensation

Neither the legislature nor any political subdivision of this state shall grant or authorize extra compensation to any public officer, agent or contractor after the service has been rendered or the contract entered into.

History: Const. 1963, Art. XI, §3, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. XVI, §3.

Section 4

Text of Section 4:

Custodian of Public Moneys; Eligibility to Office, Accounting

No person having custody or control of public moneys shall be a member of the legislature, or be eligible to any office of trust or profit under this state, until he shall have made an accounting, as provided by law, of all sums for which he may be liable.

History: Const. 1963, Art. XI, §4, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. X, §19.

Section 5

Text of Section 5:

Classified State Civil Service; Scope; Exempted Positions; Appointment and Terms of Members of State Civil Service Commission; State Personnel Direct; 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

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 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.

History: Const. 1963, Art. XI, §5, Eff. Jan. 1, 1964;—Am. Init., approved Nov. 7, 1978, Eff. Dec. 23, 1978. Former Constitution: See Const. 1908, Art. VI, §22.

Section 6

Text of Section 6:

Merit Systems for Local Governments

By ordinance or resolution of its governing body which shall not take effect until approved by a majority of the electors voting thereon, unless otherwise provided by charter, each county, township, city, village, school district and other governmental unit or authority may establish, modify or discontinue a merit system for its employees other than teachers under contract or tenure. The state civil service commission may on request furnish technical services to any such unit on a reimbursable basis.

History: Const. 1963, Art. XI, §6, Eff. Jan. 1, 1964.

Section 7

Text of Section 7:

Impeachment of Civil Officers

The house of representatives shall have the sole power of impeaching civil officers for corrupt conduct in office or for crimes or misdemeanors, but a majority of the members elected thereto and serving therein shall be necessary to direct an impeachment. Prosecution by 3 members of house of representatives. When an impeachment is directed, the house of representatives shall elect three of its members to prosecute the impeachment. Trial by senate; oath, presiding officer. Every impeachment shall be tried by the senate immediately after the final adjournment of the legislature. The senators shall take an oath or affirmation truly and impartially to try and determine the impeachment according to the evidence. When the governor or lieutenant governor is tried, the chief justice of the supreme court shall preside. Conviction; vote, penalty. No person shall be convicted without the concurrence of two-thirds of the senators elected and serving. Judgment in case of conviction shall not extend further than removal from office, but the person convicted shall be liable to punishment according to law. Judicial officers, functions after impeachment. No judicial officer shall exercise any of the functions of his office after an impeachment is directed until he is acquitted.

History: Const. 1963, Art. XI, §7, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. IX, §§1-4.

Section 8

Text of Section 8:

Convictions for certain felonies; eligibility for elective office or certain positions of public employment

A person is ineligible for election or appointment to any state or local elective office of this state and ineligible to hold a position in public employment in this state that is policy-making or that has discretionary authority over public assets if, within the immediately preceding 20 years, the person was convicted of a felony involving dishonesty, deceit, fraud, or a breach of the public trust and the conviction was related to the person's official capacity while the person was holding any elective office or position of employment in local, state, or federal government. This requirement is in addition to any other qualification required under this constitution or by law.

The legislature shall prescribe by law for the implementation of this section.

History: Add. S.J.R. V, approved Nov. 2, 2010, Eff. Dec. 18, 2010

External links

Michigan Constitution(See page 63)

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