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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 (2011)
3. Extra compensation.
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 offic-ers.
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,
324Michigan 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, violatedMich. Const. art.
XI, 3 as extra compensation for previously rendered
services because whileMCL 117.5c(b) required the local officers
compensation commission to set the council's sala-
ries,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 applica-
tion.AG v City of Flint (2005) 269 Mich App 209, app den, motion
gr, request den (2006) 474 Mich 1130, 712 NW2d
504.
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Prohibition of this section against granting or authorizing
extra compensation to any public contractor after servicehas 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 ren-
dered 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 receivebinding
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 be-
tween the beginning of the second year of the contract and the
date of the agreement providing for increased compensa-
tion 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 set-
ting up new tax department of county but he could receive
additional compensation as county employee for additionalduties 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 of-
fice 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 constitu-tional
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 du-
ties, such as were imposed on county treasurers and school
commissioners under the Property Tax Limitation Act (PubActs 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 pro-
hibited paying them extra compensation. Op Atty Gen, 1933-1934,
p 14
