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CHARTER Ch. XV, § 2
CHAPTER XIV. FRANCHISES FOR Michigan, or any municipal corporation or politi-
PUBLIC UTILITIES AND OTHER cal division thereof, and each commissioner shall
FACILITIES before entering upon the discharge of the duties
of his office and within ten days after receiving
[Section 1. Right and jurisdiction reserved.] notice of his appointment, take and subscribe
the oath of office prescribed by the constitution
The city reserves the right and jurisdiction of this state, and file the same, duly certified by
provided by the laws of the State of Michigan for the officer administering it with the clerk of this
the granting, refusal, administration and revoca- city. The commission shall at a meeting in
tion by Home Rule Cities of franchises. The city January of each alternate year following the
shall provide by ordinance for the requirements
appointment of the commissioner to be appointed
and conditions pursuant to which franchises
at each alternate year, elect one member to act
may be granted, refused, administered and
as president and one member to act as vice
revoked, concerning public utilities and other
president, each for a term of two years, and until
franchisees. Franchises may be granted, refused,
successor is duly elected. Two commissioners
administered and revoked pursuant to city
shall constitute a quorum necessary for the
ordinance in accordance with the constitution
transaction of business. The mayor with the
and the laws of the State of Michigan.
advice and consent of the city commission may
(As amended November 4, 1997)
remove a commissioner during a term of office
only upon stating in writing the reasons for
CHAPTER XV. CIVIL SERVICE* removal and allowing him an opportunity to be
heard in public in his own defense and to be
Section 1. Board of civil service commis- represented by counsel at any and all hearings
sioners; appointment, term, fill- on proceedings of removal from office. The com-
ing vacancies, compensation. mission shall serve without salary.
The mayor by and with the consent and advice
of the city commission shall appoint three persons, Section 2. Powers and duties.
citizens and residents of said city, who shall
constitute and be known as the board of civil The commission shall classify all the offices of
service commissioners of such city, and shall employment; shall make rules for the examina-
designate one of the persons so appointed to tion and selection of persons to fill the offices and
serve for a term of two years, one for a term of positions in the classified service; shall supervise
four years and one for a term of six years from the administration of the civil service rules, hold
the first day of January in the year of their examinations thereunder from time to time,
appointment and until their respective succes- giving due notice thereof, prepare and keep an
sors are appointed and qualified. Each alternate eligible list of persons passing such examina-
year thereafter the mayor with the advice and tions, and certifying the names of persons thereon
consent of the city commission shall appoint one to appointing officers of the several depart-
person as the successor of the member whose ments; shall by itself or otherwise investigate
term shall expire to serve for six years. Any the enforcement of the provisions of this chapter
vacancy shall be filled by the mayor with the of the Charter, of its own rules and of the action
advice and consent of the city commission for the of appointees in the classified service; provided
unexpired term. No member shall hold any other however, that the rules made by the commission
lucrative office or employment, except notaries and the system in marking examinations
public under the United States, the State of thereunder shall not be changed for a period of
30 days prior to or after such examinations and
*Editor’s note—This chapter is an amendment adopted
November 5, 1936.
such systems of marking shall be published in
State law reference—Charter may provide for a system advance of such examinations and copies furnished
of civil service for its employees, MCL 117.4i(h). to all applicants. No credit shall be allowed for
Supp. No. 9 CHT:29
Ch. XV, § 2 MUSKEGON CITY CODE
experience until the applicant taking the examina- service for a continuous period of not less than
tion has at least attained the percentage fixed as three years and who shall not have been out of
the minimum. the service for more than one year, and who shall
have resigned from the service in good standing,
Section 3. Classified service; applicants, reinstate said person in the service by placing
examination required. him at the foot of the eligible list applicable to
such kind and grade of service.
All applicants for office or positions in said
Section 5. Filling positions, procedure.
classified service, except those otherwise speci-
fied, shall pass an examination. All persons The head of any department in which a posi-
desiring to appear for examination shall file with tion is to be filled shall notify the commission of
the commission a statement in relation to their that fact and in the event the position is to be
name, residence and post office address; their filled by promotion from one grade of service to
another, then the commission shall certify to the
citizenship; their age, place of birth, health and
appointing officer the name and address of all
physical capacity for the public service; previous
employees seeking the promotion who meet the
employment in the public service; business or
minimum qualification, but in the event that the
employment and residence for the previous five
position to be filled is one for which no employee
years and their education.
may promote to the position then the commis-
sion shall certify to the appointing officer the
Section 4. Eligible lists, grades; leaves, names and addresses of all applicants meeting
transfers, resignations. the minimum qualifications. At or before the
For [from] the returns of the examinations expiration of the period of probation the head of
held by the commission, it shall prepare an the department or office in which a candidate is
eligible list for each grade or class of position in employed may, with the consent of said commis-
the competitive classified service of the city. The sion, based upon the written reasons submitted
commission shall strike off the names of to it, discharge him, or the commission may
candidates from the eligible list after they have transfer him to another department with the
remained thereon one year, provided however, consent of the head of such department, but if
that any list may be extended by the commission not discharged prior to the expiration of the
for a period of not exceeding one year. The period of probation, as hereinafter fixed, his
commission may upon the written request of any appointment shall be deemed completed. (As
person who has previously been in the classified amended June 24, 2014; as amended November
service for a continuous period of not less than 5, 2019)
Annotation—Employees of the fire department brought
three years grant upon request to such person a an action for a declaratory judgment for construction of the
leave of absence to engage in other work of a provisions of the Charter concerning the eligible list and the
governmental nature or character provided that effect of promotion of the person standing highest on the list.
the reasons for the requesting and granting of The civil service commission argued that, after the top
person on the list has been promoted, the list can serve no
such leave of absence are at the time of such
further purpose. The plaintiffs argued that, after the top
request and permission made a part of the person is promoted, the list is still viable and the person next
minutes of the proceedings of the commission. in line moves up to the priority position. The Supreme Court
The commission may grant leaves of absence for of Michigan adopted the latter argument as being the clear
reasons of health or for service in defense of intent of the Charter and affirmed a decree for the plaintiff
country and upon the expiration of the term of firemen. See Caswell v. Board of Civil Service Commission of
Muskegon, 25 N.W. 2d 178 (1946).
leave as fixed by the commission or extended by
it upon further application for an extension, Section 6. Promotions; regulations
reinstate said person in the service in the same authorized.
kind and grade of work he was performing at the The commission shall provide the rides for
time of his request for leave of absence. The promotion to all offices in the classified service,
commission may upon written request of any based upon merit, efficiency, character, conduct
person who has previously been in the classified and seniority.
Supp. No. 9 CHT:30
CHARTER Ch. XV, § 7
Section 7. Appointive officers; civil service
regulations inapplicable.
The following officers and employees shall not
be affected by the provisions of the civil service:
Supp. No. 6 CHT:30.1