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.
Statutory reference:
Tenure and removal, see M.C.L.A. § 38.514