HomeMy WebLinkAboutResolutions - 2010.05.05 - 10228REPORT (MISc. #10087) May 5, 2010
BY: GENERAL GOVERNMENT COMMITTEE — Christine Long, Chairperson
RE: MR #10087 — BOARD OF COMMISSIONERS — SUPPORT OF LEGISLATION
ADDRESSING STATUTORY MANDATES
To the Oakland County Boaro of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having considered the above titled resolution on April
26, 2010, hereby recommends that the resolution be adopted.
Chairperson, on behalf of the Genera I Government Committee, I move the acceptance of the
foregoing report.
GENERAL GOVERNMENT COMMITTEE
GENERAL GOVERNMENT COMMITTEE
Motion carried unanimously on a roll call vote with Gershenson absent.
MISCELLANEOUS RESOLUTION # 10087
BY: Commissioner Jim Runestad. District 6
IN RE: BOARD OF COMMISSIONERS - SUPPORT OF LEGISLATION ADDRESSING STATUTORY
MANDATES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners adopted Miscellaneous Resolution #10006,
which supported the findings and recommendations in the interim and final reports of the Legislative
Commission on Statutory Mandates (LCSM) and encouraged the Governor, Legislature and Supreme
Court to adopt and enact the recommendations cited in the final report.
WHEREAS the electorate of the State of Michigan passed an amendment in November 1978 to the
State's Constitution that required the State to funa mandates imposed on local units of government (often
referred to as the "Headlee Amendment' ). and
WHEREAS the Heaolee Amendment (Article IX, Section 29) states:
"The state is hereby prohibited from reducing the state financed proportion of the
necessary costs of any existing activity or service required of units of Local Government
by state law, A new activity or service or an increase in the level of any activity or service
beyond that required by existing law shall not be required by the Legislature or any state
agency of units of Local Government, unless a etate-appropriation is made and disbursed
to pay the unit of Local Government for any necessary increased costs. The provision of
this section shall not apply to costs incurred pursuant to Article VI. Section 18." and
WHEREAS the Headlee Amendment became effective on December 23, 1978; and
WHEREAS the State I Po iqtAtt( rtz, pQtAhliShed the Legislative Commission on Statutory Mandates (LCSM)
through P.A. 98 of 2007, as amended by P.A. 356 of 2008 and assigned the LCSM to identify mandates
(including tnose involving reports) and the related cost of the mandates to local units of government,
along with recommendations to resolve the unfunded mandates: and
WHEREAS the LCSM worked with the Citizens Research Counci! (issued an analysis of otner state's
statutes and constitutional requirements similar to the Headiee Amendment) and local units of
government associations, including:
• Uchigan Association of Counties.
• Michigan Municipal League.
• Michigan Township Association.
• Michigan School Business Officials and Michigan Association of School Administrators.
• Michigan Community College Association,
• County Road Association of Michigan; and
WHEREAS the LCSM issued a report in June 2009 entitled "Interim Report of the Legislative Commission
on Statutory Mandates" that indicated, among other matters, that the State had failed to enact legislation
enabling the Headlee Amendment and has not complied with the Headlee Amendment since its adoption
in 1978; and
WHEREAS the LCSM has completed its report in December 2009 entitled "Final Report of the Legisiative
Cornrrission on Statutory Mandates" that reaffirms the Interim Report results and provides
recommendations, including but not limited to:
• Drafted legisiation and court rules that would mitigate unfunded mandates [mposed an local units
of government in the future.
• Proposed procedures that wiii prevent new unfunded mandates from being imposed on local units
of government.
• Proposed procedures that would be corrective should unfunded mandates be imposed that
include, among other requirements:
c A submission of an action before the Court of Appeals to be heard by a special master in
order to rule on whether the matter is a mandate and if the mandate is underfunded.
O Require the Court of Appeals to rule on the above within six months of the filing.
O Should the Court of Appeals not rule on the above within six months, the local unit of
government would have no obligation to continue to provide the services until such time
as the State complies with the Headlee Amendment; and
WHEREAS the Michigan Association of Counties adopted a resolution of support for the
recommendations contained in the final LCSM report in December 2009
WHEREAS legislation has been introduced to address the impact of legislation on local units of
government, including HB 5766, and H9 5797 — HB 5802.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the
findings and recommendations in the interim and final reports of the Legislative Commission on Statutory
Mandates and encourages the Governor. Legislature and Supreme Court to adopt and enact the
recommendations cited in the final Legislative Commission on Statutory Mandates report.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports legislation that
that has been introduced to address the impact of legislation on local units of government, including HB
5766, and HB 5797— HB 6802.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the release of
this resolution and requests the Oakland County Clerk to distribute copies of the adopted resolution to the
Governor, Legislators, Supreme Court and local units of government legislative boards and executives
located within Oakland County.
Chairperson. on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
Jim Runestad. District 6
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Resolution #10087 April 22 2010
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
Resolution #10087 May 5, 2010
Moved by Middleton supported by Potter the resolutions (with fiscal notes attached) on the Consent Agenda
be adopted (with accompanying reports being accepted).
Discussion followed.
Dan Stencil, Executive Officer of Parks and Recreation, addressed the Board.
AYES: Capello, Coleman, Coulter, Douglas, Gershenson, Gingell. Gosselin, Greimel, Hatchett,
Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz. Scott,
Taub, Woodvvard, Zack, Bullard, Burns. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolLtions (with fiscar notes attached) on the Consent Agenda
were adopted (with accompanying reports being accepted).
I HEW APPROCHE FORGOING RESOIUTHIN
0
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on May 5, 2010, with
the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac,
Michigan this 5th day of May 2010.
eat
Ruth Jonnson, County Clerk