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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 6517 May 25, 1988 CIVIL SERVICE: Power of Civil Service Commission to classify positions CONSTITUTIONAL LAW: Const 1963, art 11, Sec. 5--classification of positions by Civil Service Commission 1987 PA 135, Sec. 35(2), which requires classified position in the state civil service in the timber harvest program or the forest fire program to be filled by graduate foresters, is unconstitutional as violative of the power of the Civil Service Commission to classify such positions conferred by Const 1963, art 11, Sec. 5, p4. Honorable Michael D. Hayes State Representative The Capitol Lansing, Michigan 48913 You have requested my opinion regarding the constitutionality of 1987 PA 135, Sec. 35(2), which requires the Department of Natural Resources to fill any vacant classified positions in its timber harvest program or its forest fire program with persons who are graduate foresters. 1987 PA 135 makes appropriations for the Department of Natural Resources for the fiscal year ending September 30, 1988. 1987 PA 135, Sec. 35, provides: '(1) The department of natural resources and the department of civil service are directed to work together to establish a common classification for forestry paraprofessionals. '(2) Any vacancies in classified positions filled in either the timber harvest program or the forest fire program shall be filled by graduate foresters who shall act as both fire fighters and timber harvesters.' The Legislature has in Sec. 35(1) expressly identified the positions in the timber harvest program or the forest fire program as 'classified positions' in the state civil service. Const 1963, art 11, Sec. 5, p4, in pertinent part, provides: 'The commission shall classify all positions in the classified service according to their respective duties and responsibilities, fix rates of compensation for all classes of positions, approve or disapprove disbursements for all personal services, determine by competitive examination and performance exclusively on the basis of merit, efficiency and fitness the qualifications of all candidates for positions in the classified service, make rules and regulations covering all personnel transactions, and regulate all conditions of employment in the classified service.' (Emphasis added.) The Supreme Court has held that the 'final authority' to classify a position in the state civil service is vested in the Civil Service Commission. Hardy v State Personnel Director, 392 Mich 1, 8-9; 219 NW2d 61, 64 (1974). While the Legislature may provide for the licensure or registration of the various professions or occupations, it may not, consonant with Const 1963, art 1, Sec. 5, p4, classify positions in the classified state civil service. It is my opinion, therefore, that 1987 PA 135, Sec. 35(2), which requires classified position in the state civil service in the timber harvest program or the forest fire program to be filled by graduate foresters, is unconstitutional as violative of the power of the Civil Service Commission to classify such positions conferred by Const 1963, art 11, Sec. 5, p4. Frank J. Kelley Attorney General
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