Valentine v. Redford Township Supervisor

123 N.W.2d 227, 371 Mich. 138, 1963 Mich. LEXIS 296
CourtMichigan Supreme Court
DecidedSeptember 4, 1963
DocketCalendar 26, Docket 49,879
StatusPublished
Cited by30 cases

This text of 123 N.W.2d 227 (Valentine v. Redford Township Supervisor) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Valentine v. Redford Township Supervisor, 123 N.W.2d 227, 371 Mich. 138, 1963 Mich. LEXIS 296 (Mich. 1963).

Opinions

Dethmers, J.

Plaintiff is an honorably discharged marine of World War II. Prior to February 24, 1961, he was a detective on the Bedford township police department. On that date he was notified by letter from the township supervisor that, effective immediately, he was permanently removed as a member of the police department because of immoral conduct.

PA 1897, No 205, as amended (CL 1948, § 35.401 et seq., as amended [Stat Ann 1961 Bev § 4.1221 et seq.]), is “An act to prefer honorably discharged members of the armed forces of the United States for public employments” in every public department of the State and of every county and municipal corporation thereof. It is commonly known as the veterans’ preference act. Section 1 provides for veterans’ preference in hiring for such positions. Section 2 provides that no veteran holding such employment in any public department of the State or any county, city or township, shall be removed therefrom except for certain specified misconduct, and then only after full hearing, in the case of a township, before the township board, which right the veteran waives, however, if he fails to file a written protest with the board within 30 days from the day of his removal. The statute further provides that such hearing shall be afforded the veteran within 30 days after the filing of his protest.

[142]*142PA 1935, No 78, as amended (CL 1948, § 38.501 et seq., as amended [Stat Ann 1958 Bev § 5.3351 et seq.]), hereinafter called the civil service act, provides for a civil service merit system for police and fire departments in municipalities, if adopted by a majority of the electors therein voting thereon. It was adopted by the electors in Bedford township in 1952. Section 14 of that act permits removal of a member of the police department only for cause and, upon his demand, after a public hearing before the civil service commission.

On February 28, 1961, plaintiff filed a demand for hearing before the civil service commission, and a protest of his dismissal with the township board under the veterans’ preference act.

A public hearing was had, as demanded, before the civil service commission. It sustained plaintiff’s removal. He appealed, by certiorari, to the circuit court. The court affirmed the action of the civil service commission. No appeal therefrom has been taken to this Court.

Plaintiff was never afforded a hearing before the township board under the veterans’ preference act. He demanded reinstatement because such hearing was not held within 30 days after his protest, as provided in that act. Upon denial thereof he sought mandamus in circuit court to compel his reinstatement accordingly. This was denied by the circuit court. From that plaintiff appeals here.

Defendants contend that, to the exent that it had application to this situation, the veterans’ preference act has been repealed by the subsequently enacted civil service act. This the plaintiff denies.

It is interesting to note that the civil service act, as originally enacted, contained a section 19 providing:

[143]*143“All acts and parts of acts in conflict with the provisions of this act are hereby repealed insofar as they conflict with the provisions of this act.”

Section 19 was repealed by PA 1945, No 267. More significant is the fact that, after enactment of PA 1941, No 370 (CL 1948, § 38.401 et seq., as amended [Stat Ann 1961 Rev § 5.1191(1) et seq.]), providing for a civil service system in certain counties, section 1 of the veterans’ preference act was amended in 1959, by Act No 179, to provide that if, in any instance, there is a conflict between the provisions of those 2 acts, the said county civil service act of 1941 “shall prevail.” No such provision is contained in the veterans’ preference act with respect to the civil service act covering townships. From this it is evident that the legislature was cognizant of the existence of the veterans’ preference act when it enacted the civil service acts and well knew how to effect an express repeal of veterans’ preference provisions in favor of civil service act provisions and how to cause the former, by express terms, to be superseded by the latter when it so desired. Having done this expressly in the case of county civil service by amendment of the veterans’ preference act and not having done so with respect to township civil service, and having incorporated in the 1935 civil service act section 19 repealing all acts or parts of acts in conflict therewith and, thereafter, in 1945, having repealed that section 19, it seems evident that the legislature has not intended that the veterans’ preference act, in whole or in part; should be deemed repealed by the 1935 civil service act as amended and as applied to townships. This view finds further support in the fact that in section 9 of the 1935 civil service act, as amended, it is required that the civil service commission shall [144]*144“keep a roster of the members of the fire and police department, together with a record of service, military or naval experience.” Certainly the repeal contended for by defendants is not express. As noted above, the legislative intent appears to have been to the contrary.

Is there repeal by implication as defendants urge ?

“Repeal by implication is not permitted if it can be avoided by any reasonable construction of the statutes. Couvelis v. Michigan Bell Telephone Co., 281 Mich 223; People v. Hanrahan, 75 Mich 611 (4 LRA 751). If by any reasonable construction 2 statutes can be reconciled and a purpose found to be served by each, both must stand, Garfield Township v. A. B. Klise Lumber Co., 219 Mich 31; Edwards v. Auditor General, 161 Mich 639; People v. Harrison, 194 Mich 363. The duty of the courts is to reconcile statutes if possible and to enforce them, Board of Control of the Michigan State Prison v. Auditor General, 197 Mich 377. The courts will regard all statutes on the same general subject as part of 1 system and later statutes should be construed as supplementary to those preceding them, Wayne County v. Auditor General, 250 Mich 227. See, also, Rathbun v. State of Michigan, 284 Mich 521.” People v. Buckley, 302 Mich 12, 22.

“This court has held that only, when 2 acts are so incompatible that both cannot stand, does a later act repeal a former.” In re Estate of Reynolds, 274 Mich 354, 360.

By reasonable construction the 2 statutes can be reconciled and a purpose may be found to be served by each act, so both must stand. The civil service act was designed, according to its title, to provide, in the public interest, a civil service system based upon merit and to confer certain benefits upon civil service employees, including tenure, rights of promotion, and others. The veterans’ preference act [145]*145was enacted for the purpose of discharging, in a measure, the debt of gratitude the public owes to veterans who have served in the armed services in time of war, by granting them a preference in original employment and retention thereof in public service. These purposes need not be considered irreconcilable. It is our duty to reconcile the 2 statutes, if possible, and to enforce them.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Mark Andrews v. State Police
Michigan Court of Appeals, 2026
Charles Vayda v. County of Lake
909 N.W.2d 874 (Michigan Court of Appeals, 2017)
International Business MacHines Corp. v. Department of Treasury
852 N.W.2d 865 (Michigan Supreme Court, 2014)
Leelanau County Sheriff v. Kiessel
824 N.W.2d 576 (Michigan Court of Appeals, 2012)
In re Tiemann
297 Mich. App. 250 (Michigan Court of Appeals, 2012)
Fisher Sand & Gravel Co. v. Neal A Sweebe, Inc.
810 N.W.2d 277 (Michigan Court of Appeals, 2011)
Carter v. Ann Arbor City Attorney
722 N.W.2d 243 (Michigan Court of Appeals, 2006)
In Re Grant
645 N.W.2d 79 (Michigan Court of Appeals, 2002)
Sherrod v. City of Detroit
625 N.W.2d 437 (Michigan Court of Appeals, 2001)
In Re Complaint of Southfield Against Ameritech Michigan
599 N.W.2d 760 (Michigan Court of Appeals, 1999)
City of Kalamazoo v. Department of Corrections
538 N.W.2d 85 (Michigan Court of Appeals, 1995)
Jackson v. Detroit Police Chief
506 N.W.2d 251 (Michigan Court of Appeals, 1993)
Profit v. Citizens Insurance Co. of America
466 N.W.2d 354 (Michigan Court of Appeals, 1991)
Adams v. City of Detroit
458 N.W.2d 903 (Michigan Court of Appeals, 1990)
Smith v. Smith
447 N.W.2d 715 (Michigan Supreme Court, 1989)
DeGrace v. Shelby Township Police & Fire Civil Service Commission
389 N.W.2d 137 (Michigan Court of Appeals, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
123 N.W.2d 227, 371 Mich. 138, 1963 Mich. LEXIS 296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/valentine-v-redford-township-supervisor-mich-1963.