Ballenger v Michigan Department of Agriculture – 17.12

Ballenger v Michigan Department of Agriculture
Digest no. 17.12

Section 43(o)

Cite as: Ballenger v Michigan Dep’t of Agriculture, unpublished opinion of the Ingham Circuit Court, issued August 10, 1989 (Docket No. 87-60066-AE).

Appeal pending: No
Claimant: William Ballenger
Employer: Michigan Department of Agriculture
Docket no.: B85-13688-RO1-103090W
Date of decision: August 10, 1989

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CIRCUIT COURT HOLDING: Claimant’s employment as the State Racing Commissioner was a major non-tenured policymaking or advisory position and therefore excluded employment under Section 43(o)(iii)(E) of the Michigan Employment Security Act.

FACTS: The claimant was appointed by Governor Milliken to be the Racing Commissioner. He worked in that position from September 1982 until August 1985 when Governor Blanchard appointed a successor. He filed a claim for unemployment benefits.

DECISION: The services the claimant performed were excluded from consideration as employment under the Michigan Employment Security Act. The claimant was ineligible for benefits.

RATIONALE: The claimant was appointed to the position of Racing Commissioner by the Governor. A position is “major” if filled by gubernatorial appointment. The position was not covered by the Civil Service system and as such was non-tenured. The claimant admitted the position was policymaking or advisory. The policymaking/advisory nature of the position was confirmed by the position description submitted by the claimant. Thus the position was a major, non-tenured, policymaking or advisory position and was properly excluded from consideration as covered employment.

Digest Author: Board of Review (original digest here)
Digest Updated:
7/99