Vous êtes sur la page 1sur 2

1 of 1 DOCUMENT MICHIGAN COMPILED LAWS SERVICE Copyright 2011 Matthew Bender & Company, Inc.

. a member of the LexisNexis Group. All rights reserved. * This document is current through 2011 P.A. 140 * CONSTITUTION OF THE STATE OF MICHIGAN (CHAPTER 1) ARTICLE XI. PUBLIC OFFICERS AND EMPLOYMENT Go to the Michigan Code Archive Directory MCLS Const. Art. XI, 3 3. Extra compensation. (2011)

Sec. 3. 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. NOTES: Convention comment No change from the first sentence of Sec 3, Article XVI, of the present [1908] constitution except for deletion of the word "employee" after "agent." Eliminated from the present section is language relating to the salaries of public officers. This is covered in another section of this document. Cross References: Changes in judicial salaries during term, Const. 1963, Art. VI, 18. LEXIS Publishing Michigan analytical references: Michigan Law and Practice, Constitutional Law 247 Michigan Law and Practice, Municipal Corporations 140, 324 Michigan Law and Practice, State 113 Research references: 63A Am Jur 2d, Public Officers and Employees 439 CASE NOTES City council's resolution that council members be made whole with respect to their compensation that the previous emergency financial manager reduced, violated Mich. Const. art. XI, 3 as extra compensation for previously rendered services because while MCL 117.5c(b) required the local officers compensation commission to set the council's salaries, MCL 141.1221(1)(q) clearly authorized an emergency financial manager to reduce the compensation provided to members of the governing body of a local unit of government, and that authority was plainly retroactive in its application. AG v City of Flint (2005) 269 Mich App 209, app den, motion gr, request den (2006) 474 Mich 1130, 712 NW2d 504.

Prohibition of this section against granting or authorizing extra compensation to any public contractor after service has been rendered or contract entered into did not prohibit payment of contractor's claim for additional compensation for extra work, where authorization for such work was given by state highway project engineer before service was rendered and became part of contract for road and bridge construction. E. C. Nolan Co. v State (1973) 45 Mich App 364, 206 NW2d 472. Const 1963, art 11, 3 prohibits the payment of retroactive salary increases to public officers who did not receive binding commitments for a specific salary increase prior to the performance of the services in question. Op Atty Gen, June 14, 1990, No. 6643. Const 1963, art 11, 3, permits the Legislature to authorize a transfer of funds to pay retroactive salary increases midway through a fiscal year to public officers who received binding commitments from their appointing authorities for such increases prior to the time they performed the services in question. Op Atty Gen, June 14, 1990, No. 6643. Payment of $132,000 to manager of the state accident fund constitutes a grant of extra compensation after service was rendered and is unconstitutional. Op Atty Gen, February 15, 1980, No. 5655. Where a school district enters into a three-year contract with the superintendent of schools and specifies the annual compensation therefor subject to reopening for the second and third year, any increase in compensation agreed upon by the parties for the second year must be prospective only. Payment of an increase in compensation for that period between the beginning of the second year of the contract and the date of the agreement providing for increased compensation would violate Constitution 1963, art XI, 3. Op Atty Gen, July 1, 1980, No. 5731. Grant of prior service credit to elected officials who serve after effective date of pension plan does not violate above provision. Op Atty Gen, June 11, 1974, No. 4818. Under 1963 Constitution and present statutes, electors at annual township meeting held following election may take action to place township treasurer upon a fee basis instead of annual salary. Op Atty Gen, August 18, 1967, No. 4528. Former provision precluded payment to county clerk and register of deeds for past services rendered by him in setting up new tax department of county but he could receive additional compensation as county employee for additional duties and services to be performed in connection therewith which were not germane to duties of office to which he was elected nor within contemplation of board of supervisors at the time, prior to his election, that his compensation for office to which he was elected was fixed. Op Atty Gen, July 1, 1958, No. 3224. Public Acts 1957, No. 232, as it amended the state Employees' Retirement Act ( 38.20a) and provided for increased minimum pensions for retired employees who had completed at least 15 years of service, did not violate any constitutional prohibition. Op Atty Gen, December 4, 1957, No. 3126, overruling No. 2472, July 13, 1956, and modfg No. 2810, December 18, 1956. Former prohibition against extra compensation to public employee after rendition of services did not bar credit for prior years of service of employee as factor in fixing salary for position. Op Atty Gen, April 16, 1956, No. 2551. Under former provision, an additional allowance for actual expenses was not prohibited, Op Atty Gen, 1908, p 438; 1914, p 302; nor was the granting of compensation for taking over a new office, Op Atty Gen, 1919, p 73, or new duties, such as were imposed on county treasurers and school commissioners under the Property Tax Limitation Act (Pub Acts 1933, No. 62, 7) as members of the county tax commission, Op Atty Gen, 1933-1934, p 288. But the members of the county board of canvassers were not entitled to extra compensation for performing duties on such board, such duties being kindred to their respective offices and their duties as county election commissioners, and former provision prohibited paying them extra compensation. Op Atty Gen, 1933-1934, p 14