Michigan Advisory Opinions July 08, 1997: AGO 6943 (July 8, 1997)

AGO 6943.

You have asked whether a Michigan law enforcement agency may demand or receive remuneration or consideration from any person, directly or indirectly, as a condition of hiring a person or continuing a person's employment. You have informed this office of a local law enforcement agency that has instituted a practice of soliciting or receiving from prospective police recruits or their families, financial "gifts or donations" later used by the agency to pay the recruits' salary and training costs associated with the recruits becoming certified law enforcement officers.

To qualify for employment as a law enforcement officer in the State of Michigan a person must be certified under standards and rules adopted by the Michigan Law Enforcement Officers Training Council, an entity established under the Michigan Law Enforcement Officers Training Council Act of 1965, 1965 PA 203, MCL 28.601 et seq; MSA 4.450(1) et seq. Certification as a law enforcement officer can be obtained in several ways. Among them is a law enforcement agency employing a candidate before the candidate's graduation from a recognized police training academy. 1995 AACS, R 28.4351(h). If a candidate is so employed, the candidate is not required to have obtained the two year college degree required of other candidates under 1995 AACS, R 28.4309(9)(g) and (h). 1995 AACS, R 28.4363(2). When a candidate is hired and sponsored by a law enforcement agency, the agency is required to pay the candidate not less than the federal minimum wage. 1988 AACS, R 28.4101(g). A non-sponsored candidate must have the appropriate two year degree to qualify and could attend a police academy without sponsorship but would be required to bear all academy costs personally. 1995 AACS, R 28.4363(1).

Section 351 of the Michigan Penal Code, 1947 PA 297, MCL 750.351; MSA 28.583, criminalizes the solicitation or receipt of any remuneration or consideration as a condition of hiring a person or continuing one's employment.

Any employer or agent or representative of an employer or other person having authority from his employer to hire, employ, or direct the services of other persons in the employment of said employer, who shall demand or receive directly or indirectly from any person when in the employment of said employer, any fee, gift or other remuneration or consideration, or any part or portion of any tips or gratuities received by such employe[e] while in the employment of said employer, in consideration or as a condition of such employment or hiring or employing any person to perform such services for such employer or of permitting said person to continue in such employment is guilty of a misdemeanor.

Nothing contained in this section shall be construed to apply to employment agencies or employment agents licensed and operating under the laws of this state.

(Emphasis added.)

Section 8 of the payment of wages and fringe benefits act, 1978 PA 390, MCL 408.478; MSA 17.277(8), also prohibits an employer from demanding or receiving any remuneration or consideration as a condition of hiring a person or continuing one's employment.

(1) An employer, agent or representative of an employer, or other person having authority from the employer to hire, employ, or direct the services of other persons in the employment of the employer shall not demand or receive, directly or indirectly from an employee, a fee, gift, tip, gratuity, or other remuneration or consideration, as a condition of employment or continuation of employment. This subsection does not apply to fees collected by an employment agency licensed under the laws of this state.

(Emphasis added.)

The above statutes expressly prohibit an employer from demanding or receiving any remuneration or consideration from a person, directly or indirectly, as a condition of hiring a person or continuing a person's employment. Where the language of a statute is plain and unambiguous, no interpretation is necessary. Dussia v Monroe County Employees Retirement System, 386 Mich 244, 248; 191 NW2d 307 (1971).

Under the facts presented with your question, a local law enforcement agency is requiring the payment of a financial "gift or donation" as a condition to employing police recruits. This financial payment, which is typically provided by either the recruit or by a family member on the recruit's behalf, is then used by the agency to defray the costs of the recruit's salary and training expenses. Under these circumstances, the law enforcement agency has demanded or received remuneration or consideration as a condition of hiring the recruit, thereby violating section 351 of the Michigan Penal Code and section 478 of the payment of wages and fringe benefits act, supra.

It is my opinion, therefore, in answer to your question, that a Michigan law enforcement agency may not demand or receive remuneration or consideration from any person, directly or indirectly, as a condition of hiring a person or continuing a person's employment.

FRANK J. KELLEY

Attorney General