156270 - William Henderson v Civil Service Commission
Attorney Information
William R. Henderson
and All Others Similarly Situated,
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Mary Ellen Gurewitz
Marshall Widick
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Plaintiffs-Appellants,
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v
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(Appeal from Ct of
Appeals)
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(Ingham – Collette, W.)
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Civil Service Commission and Department of
Corrections,
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Christopher Braverman
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Defendants-Appellees.
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Order Link
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Order Link 3
Opinions Link
Opinions Link 2
Opinions Link 3
Summary
Page Content
Plaintiffs are among the 2,500
employees of the Department of Corrections whose positions were abolished,
resulting in their reclassification to a lower pay grade while still performing
the same duties. Plaintiffs, through their union, administratively challenged
the reclassification. Ultimately, the Civil Service Commission issued a final
determination that upheld the reclassification. On judicial review, the circuit
court held that the reclassification was arbitrary and capricious, and
unsupported by competent, material, and substantial record evidence. Defendants
appealed. The Court of Appeals reversed in a published opinion, holding that
review of a final agency determination, where a hearing is not required, is
limited to whether the decision is authorized by law. The Supreme Court has
ordered oral argument on plaintiffs’ application for leave to appeal to address:
(1) whether the “authorized by law” scope of review under Const 1963, art 6, §
28, applied to plaintiffs’ judicial review of the Civil Service Commission’s
final decision made without a hearing; (2) if so, whether the Court of Appeals
gave proper meaning to the “authorized by law” constitutional standard; and (3)
whether the Court of Appeals correctly applied that scope of review to plaintiffs’
challenge.