Police hiring, training, and disciplinary requirements in Michigan
| Police hiring, training, and discipline |
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| • Police collective bargaining agreements (CBAs) • Ballotpedia CBA dashboard •Reform proposals •CBA areas of inquiry and disagreement •Arguments about police collective bargaining • Index of articles about criminal justice policy |
| Click here for more analysis of police hiring, training, and disciplinary requirements by state and city on Ballotpedia |
This page provides an overview of policies related to the hiring, training, and discipline of police officers in Michigan. It is part of an analysis of police union collective bargaining agreements and related arrangements with police unions concerning hiring, training, and disciplinary requirements in the 50 states and top 100 cities by population.
Background
Ballotpedia in 2023 examined the collective bargaining agreements, statutes, and regulatory codes governing the 50 states and the top 100 US cities by population through the lens of a series of research questions related to police hiring, training, and discipline.
Some of the hiring, training, and discipline standards for police officers not established by statutes or regulations arise from negotiations with police unions. Those negotiations are often codified in collective bargaining agreements (CBAs). Those agreements are the contracts that states and cities sign following negotiations with police unions. Some states and cities restrict collective bargaining, but may still negotiate with police unions using other methods. After negotiating with the unions, those jurisdictions sometimes establish police standards through documents including memoranda of understanding or meet and confer agreements.
Results
The tables below link to each question Ballotpedia used to analyze the states and cities and indicate how Michigan handles police hiring, training, and discipline. To see the provisions Ballotpedia used to support these results, click here.
CBA basics
| CBA basics | Results |
|---|---|
| Is there a CBA with the police union? | YES |
| Is the current CBA publicly available online? | YES |
Discipline and accountability
| Discipline and accountability | Results |
|---|---|
| Does the CBA forbid the transfer or reassignment of an officer as a form of discipline? | NO |
| Do officers have a right to request third-party arbitration for grievances, including over disciplinary actions? | YES |
Condition: The Association can submit a discipline case to arbitration after the completion of a discipline conference; Selection: Both parties agree to a panel of six arbitrators and select the arbitrator by blind draw or lottery; Provider: Panel of arbitrators must be members of the National Academy of Arbitrators, the American Arbitration Association, or the Federal Mediation and Conciliation Service Rolls; Arbitrator authority: Arbitrators cannot review or remove written warnings or written reprimandsWritten warnings/reprimands are subject to appeal by a discipline panel. Other discipline, including suspension or discharge, can be appealed to arbitration following a disciplinary conference. If an arbitrator reduces a suspension or reinstates an employee after discharge, the employee will receive backpay and benefits lost. Arbitration involving suspension, demotion, or discharge must be held within 30 days. | |
| Does the CBA contain provisions related to discipline for misconduct? | YES |
Primary discipline authority: Police Department, State of Michigan; Types: Written warning, written reprimand, suspension without pay, discharge; Restricted aspects: Counseling, retraining, demotions are not disciplinary action; Challenge/appeal process: Union grievance procedureSupervisor may choose a verbal reprimand for minor misconduct in lieu of disciplinary action. Suspension without pay shall not exceed 30 days. Employee and union shall be informed of charges and proposed discipline 10 days before meeting, and if they accept the discipline, they cannot appeal. Only the union has the right to request arbitration of a disciplinary case. | |
| Does the CBA explicitly allow for a state ombudsman outside particular police departments to hold law enforcement officers accountable for misconduct? | NO |
Legal limitations or provisions
Training and counseling
Community relations and oversight
| Community relations and oversight | Results |
|---|---|
| Does the CBA reference citizen review boards? | NO |
| Does the CBA have provisions related to community policing? | YES |
Mentions Community Services Division | |
Investigations
| Investigations | Results |
|---|---|
| Does the CBA contain provisions related to misconduct investigations? | YES |
Investigation procedure and bill of rights | |
| Does the CBA require notice to officers of investigations? | YES |
Conditions: Written notice; Timeline: N/A; Content: Must include name, date, and the description of facts | |
| Does the CBA determine a timeline for investigations? | YES |
Timeline to launch: 30 days if involving suspension, dismissals or discharges; Timeline to conclude: 30 days to finalize in writing | |
| Does the CBA contain provisions related to compensation during misconduct investigations? | YES |
The officer will receive full backpay if they are found not guilty of charges. | |
Evidence and records
| Evidence and records | Results |
|---|---|
| Does the CBA regulate processes for retaining officer disciplinary records? | YES |
Record storage: N/A; Storage authority: N/A; Types of records: Written warnings, written reprimands; Timeline: Written warnings shall be destroyed after 1 year, written reprimands after two years; Access and use: Employees have access to their personnel file; Use in decisions: N/A"A written warning or written reprimand may be destroyed earlier if the supervisor believes the employee's improvement warrants earlier destruction of the written warning or written reprimand." | |
| Does the CBA have provisions related to the use of body-worn cameras or body-worn camera video evidence? | NO |
Qualifications and evaluation
| Qualifications and evaluation | Results |
|---|---|
| Does the CBA require performance evaluations? | NO |
| Does the CBA restrict licensing procedures for law enforcement officers or departments? | NO |
Union authority
| Union authority | Results |
|---|---|
| Does the CBA limit union authority to pay and benefits issues? | NO |
| Does the CBA give the union the power to approve or disapprove new training programs for law enforcement officers? | NO |
| Does the CBA have provisions involving the union in the process for promotions, unit assignments, and transfers? | NO |
State retains right to oversee promotions, transfers, etc.; State shall not change job classifications without notice to union | |
See also
Footnotes
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