UWIV! 
 
 L.1 <uii. 
 
 
 S. B. No. 450. li Se.nate 
 
 Introduced by A4r. Ashley d Enrolled No. 23J. 
 
 June 6, 1905. 
 
 AN ACT 
 
 To regulate the civil service of the city of Detroit^ 
 provide for the appointment of a civil service com- 
 mission therein^ prescribe its duties and powers, 
 prohibit assessments of officers and employees for 
 political purposes and provide certain penalties for 
 the violation of this act* 
 
 The People of the State of Michigan enact: 
 Section 1 ♦ The mayor of the city of Detroit shall 
 appoint four persons as the civil service commission* 
 Said commission shall constitute the civil service 
 commission of the said city of Detroit* One of said 
 commissioners shall hold his office for the term of 
 one year from January first, nineteen hundred six, 
 and the other of said commissioners shall hold their 
 offices respectively for a period of two, three and four 
 years from said date, and each year the mayor shall 
 appoint one commissioner to succeed the commis- 
 
sioner whose term shall soonest expire* Said com- 
 missioner shall hold no other appointive or elective 
 office under the United States, the state of Michigan, 
 the county of Wayne, or the city of Detroit, except 
 notaries public, and no other persons shall be eligible 
 to appointment as civil service commissioner who 
 shall have held such elective or appointive office 
 within a period of two years next preceding his term 
 of office* The commissioner whose term first ex- 
 pires shall be president of said commission* 
 
 Section 2* The commission shall from time to 
 time, prepare and publish rules regulating the selec- 
 tion of persons to. fill appointive positions in the mu- 
 nicipal service, which said rules shall govern in the 
 examination, appointment, promotion and removal 
 of all employees and officers of the city affected 
 thereby, which said rules may be of general or lim- 
 ited application* Such rules shall go into effect at a 
 time to be decided by the commission "not later than 
 sixty days from the time of their adoption* The 
 occupants of all offices and appointments in said city, 
 at the time this act becomes effective shall remain in 
 office during the remainder of the term for which 
 they were appointed at the time this act takes effect 
 unless removed by the head of the department under 
 existing laws* Such rules shall include provisions 
 for: 
 
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 I* The classification of the positions and employ- 
 ments to be filled upon open competitive examina- 
 tions to test the practical fitness of the applicants for 
 such positions and employments and the holding of 
 such examinations* 
 
 2* The selection of persons for service in such 
 public positions and employments and for filling va- 
 cancies therein in accordance with the results of such 
 examinations and tests* 
 
 3* Promotions^ if practicable^ on the basis of as- 
 certained merit in the examination and seniority of 
 service and the period of probation before an appoint- 
 ment or employment is made permanent* 
 
 4* Holding of examinations at stated intervals for 
 the purpose of ascertaining the relative fitness of ap- 
 plicants for positions in the service* 
 
 Section 3* The office force of the mayor^ heads 
 of departments^ their chief assistants or deputies who 
 are authorized to act generally for and in place of 
 their principals; one secretary and stenographer of 
 each officer and commissioner or board authorized by 
 law to appoint a secretary and stenographer; one 
 clerk or deputy of each courts all members of the law 
 department^ the superintendents and teachers of the 
 public schools and common laborers whose compen- 
 sation does not exceed one dollar and seventy-five 
 cents per day^ shall not be subject to the provisions 
 
 p3a0b4 
 
hereof or the rules of said commission. Stenogra- 
 phers employed in the various departments shall also 
 be exempt from the provisions of this act. 
 
 Section 4. All examinations shall be practical 
 in their character and shall relate to those matters 
 which shall fairly test the relative capacity of the 
 persons examined to discharge the duties of the 
 positions to which they seek to be appointed. No 
 question in any examination shall relate to, and no 
 appointment to any position or selection for employ- 
 ment shall be affected by political or religious 
 affiliation or opinion. The examination and 
 qualifications for members of the police force and 
 fire departments of said city, shall be subject to the 
 approval of the police commissioner and the board 
 of fire com.missioners respectively. All appoint- 
 ments made by the civil service com.missioner under 
 the provisions of this act shall be made in accord- 
 ance with the relative standing of all persons taking 
 examinations for such class of appointments ; the 
 person having the highest standing for a position 
 of a certain class, shall be appointed by said com- 
 missioner to a vacancy or position in preference to 
 all other applicants. Examinations shall be uniform 
 as to all applicants for like positions. After any 
 set of questions has been presented to an applicant 
 for answer by said applicant, the said commission 
 
shall not allow said applicant to consult any author- 
 ity or reference before answering said question or 
 questions^ 
 
 Section 5* No person shall wilfully and corruptly 
 defeat^ deceive or obstruct any person as to his right 
 of examination ; or wilfully or corruptly make a false 
 mark^ grade^ estimate or report upon the examination 
 or proper standing of any person examined hereunder 
 or aid in so doing; or v/ilfully or corruptly make any 
 false representation concerning the same or concern- 
 ing the person examined^ or wilfully or corruptly 
 furnish to any person any special or secret informa- 
 tion for the purpose of improving or injuring the 
 prospects or chances of an appointment^ an employ- 
 ment; or promotion of any person so examined or to 
 be examined* 
 
 Section 6* No recommendation of an applicant 
 for a position or employment^ except as to the char- 
 acter or the residence of the applicant^ shall be re- 
 ceived or considered by any person in making an 
 appointment* 
 
 Section 7* No alderman, officer or employee of 
 any department, and no executive officer or clerk of 
 any department shall personally solicit or receive di- 
 rectly or indirectly or be concerned in soliciting or re- 
 ceiving any assessment, subscription or contribution 
 for any purpose whatever from any person appointed 
 
 2— S E 23 J 
 
under the provisions of this act^ nor shall any person 
 solicit or receive directly or indirectly or be concerned 
 in soliciting or receiving any assessment^ subscrip- 
 tion or contribution from any person appointed or 
 seeking appointment under the provisions of this act 
 for any political purpose whatever or for the for- 
 warding the candidacy of any person seeking public 
 office^ nor shall any person appointed or seeking ap- 
 pointment under the provisions of this act make any 
 contribution either directly or indirectly^ voluntarily 
 or involuntarily towards a campaign fund for ad- 
 vancing the interest of any person seeking public 
 office* 
 
 Section 8* No officer or employee shall discharge^ 
 promote or degrade an officer or employee^ or change 
 his official rank or compensation or promise or 
 threaten to do so^ for givings withholdings or neglect- 
 ing to make a contribution of money or other valuable 
 thing for a political purpose* 
 
 Section 9* No officer ^ clerk, or other person shall, 
 directly or indirectly, give or deliver or promise to 
 give or deliver to any officer, clerk or person in said 
 service, or by any alderman or commissioner, or to 
 any officer or to any employee of the city, any 
 money or other valuable thing on account of or be 
 applied to the promotion of any political object 
 whatever* 
 
Section 10* No person in the service of the city 
 shall use his official authority or influence to coerce 
 the political action of any person or body or to inter- 
 fere with any election* 
 
 Section 1 1 * No person in the public service shall^ 
 for that reason^ be under obligations to contribute to 
 any political fund, or to render any political service, 
 and shall not be removed or otherwise prejudiced for 
 refusing to do so* 
 
 Section 12* No person holding a public office or 
 in nomination for, or seeking the nomination for, or 
 appointment to an office, shall corruptly use or prom- 
 ise to use, directly or indirectly, any official authority 
 or influence to confer upon any person or to aid the 
 person to obtain an office or public employment or 
 nomination, confirmation, promotion or increase of 
 salary, upon the consideration or condition of the 
 vote, political influence or action of any person shall 
 be given or used in behalf of the candidate, officer 
 or party, or upon any other corrupt condition or 
 consideration* 
 
 Section J3* Appointments shall be made to or 
 employment shall be given in all positions in the 
 competitive class that are not filled by promotion, 
 re-instatement, transfer or reduction under the pro- 
 visions of this act, and the rules in pursuance thereof 
 by appointment of those certified by said commis- 
 
sion in open competitive examination^ according to 
 the rules and regulations adopted by said commission* 
 Section 14* Whenever there are urgent reasons 
 for filling a vacancy in any position in the competi- 
 tive class and there is no list of eligible persons for 
 appointment after competitive examination^ the ap- 
 pointing officer may nominate a person to the com- 
 mission for non-competitive examxination^ and if such 
 nominee shall be certified by such commission as 
 qualified after such non-competitive examination^ he 
 may be appointed provisionally to fill such vacancy 
 until a selection and appointment can be made after 
 competitive examination^ but such provisional ap- 
 pointment shall not continue for a longer period than 
 two months, nor shall successive temporary appoint- 
 ments be made to the same position* 
 
 Section 15* When the services to be rendered by 
 an appointee are for a temporary period not to exceed 
 two months and the need of such service is impor- 
 tant and urgent* the appointing officer may select for 
 such service any person on the proper list of those 
 eligible for permanent appointment though in regard 
 to his standing on such list* 
 
 Section 16* No person holding a position by 
 appointment or employment under the provisions 
 of this chapter shall be removed from his position or 
 employment, except for incompetency or misconduct 
 
shown after a hearing upon due notice upon stated 
 charges made to the civil service commission^ or by 
 or before some officer or board appointed by said 
 commission to conduct such investigation* The find- 
 ing and decision of such commission or investigating 
 officer or board when approved by said commission 
 shall be certified to the appointing officer^ and shall 
 forthwith be enforced by such officer* Nothing in 
 this section shall limit the power of any officer to 
 suspend a subordinate for a period not exceeding 
 thirty days* 
 
 Section 17* The city controller shall not audit or 
 allow and the city treasurer shall not pay or be in 
 any manner concerned in paying any person any 
 salary or wages for services as officers or employees 
 of the city which office or place of employment is 
 occupied in violation of the provisions of this act^ or 
 of the rules adopted thereunder* ' 
 
 Section 18* Said commission shall on or before 
 the first day of May of each year make to the mayor, 
 for transmission to the common council a report 
 showing its own actions, the rules in force, practical 
 effects thereof, and any suggestion it may approve 
 for the more effectual accomplishm.ent of the purposes 
 of this act* The mayor may require other reports 
 from the commission from time to time* 
 
 Section 19* Said commission shall serve with- 
 
 3— S E 23) 
 
out compensation^ but the' commission may employ 
 a chief examiner at a salary not to exceed fifteen hun- 
 dred dollars per year^ whose duty it shall be^ under 
 the direction of the commission^ to superintend any, 
 examination held under this act. The chief examiner 
 shall be exofficio secretary of said commission and 
 shall keep the minutes of its proceedings^ preserving 
 all reports made to it^ keep a record of all examina- 
 tions held under its direction and perform all such 
 other duties as the commission shall prescribe. 
 When necessary^ special examiners may be employed 
 by the commission at a compensation not exceeding 
 five dollars per day. The commission, may in its 
 discretion, employ a stenographer whose compensa- 
 tion shall not exceed one thousand dollars per year. 
 
 Section 20. The common council and the board 
 of estimates shall annually appropriate a sufficient 
 sum of money to carry out the provisions of this 
 act. The appropriation for the fiscal year shall 
 have been made when this act takes effect then the 
 expenses as herein provided may be paid for such 
 fiscal year out of any other moneys not otherwise 
 appropriated. 
 
 Section 21. Any person making an appoint- 
 ment to office or selecting a person for employment 
 contrary to, or wilfully refuses or otherwise neglects 
 to comply with the provisions of this act or of any 
 
rule adopted thereunder shall, unless some other pen- 
 alty is specifically provided, be punished by a fine of 
 not less than one hundred nor more than one 
 thousand dollars, for each offense, or imprisonment 
 in the Detroit House of Correction for a term not 
 exceeding one year* 
 
 Section 22* All acts or parts of acts inconsistent 
 with the provisions of this^ act are hereby repealed* 
 
 President of the Senate. 
 
 Speaker of the House of Representatives. 
 
 Approved 
 
 Governor. 
 
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