HomeMy WebLinkAboutResolutions - 1977.07.21 - 105638062 July 7, 1977 Miscellaneous Resolution
Present Language Proposed Language
• r
BY: GENERAL GOVERNMENT COMMITTEE - Robert W. Page, Chairman
RE: Legislative Amendments to Unified Form of County Government
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman, Ladies and Gentlemen:
WHEREAS, the General Government Committee, pursuant to Miscellaneous
Resolution #7830, Request for Study of Legislative Amendments, re: Acts 139 and 185,
appointed a subcommittee to study and review these acts; and
WHEREAS, the subcommittee has made its report and recommendations to the
General Government Committee; and
WHEREAS, your Committee has reviewed these recommended amendments.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby urges the State Legislature to make the following amendments
to Act 139 of the Public Acts of 1973, as amended:
Sec. I. A county which has not adopted a charter,
or elected a charter commission which has not been
dissolved pursuant to Act No. 293 of the Public Acts
of 1966, being sections 45.501 to 45.521 of the Michiga
Compiled Laws, may adopt an optional unified form of
county government. A unified form of government
adopted pursuant to this act shall supersede the existing
form cf government of the county.
Sec. 2. (I) An optional unified form of county
government shall include either:
(a) An appointed county manager, who shall compl
with the qualifications and exercise the responsibilities
detailed in sections 7 and B. This form of county
government shall be known as alternate A.
(b) An elected county executive, who shall comply
with the qualifications and exercise the responsibilities
detailed in sections 8, 9, 10, and 11. This form of
county government shall be known as alternate B.
(21 A provision of this act not specifically desig-
nated as applicable to alternate A or alternate B is
applicable to the unified farm of county government
adopted.
Sec. 3. (1) An optional unified form of county
government shall be adopted and become effective in
the following manner:
Pre sent Language Proposed Longuage
(a) The board of county commissioners by a majority
vote of the members elected and serving may adopt an
optional unified form of county government with an
appointed manager. The adoption shall be submitted
to the electors pursuant to subdivision (d). A vote of
disapproval by the electors does not limit the power of
the board of county commissioners subsequently to
adopt an optional unified form of county government
with an elected county executive pursuant to subdivisior
(b). A board of county commissioners may not adopt
an optional unified form of county government with an
appointed manager within 2 years after a unified form
of county government with an appointed manager is
disapproved by the electors.
(b) The board of county commissioners, by a major-
ity vote of the members elected and serving, may adopt
an optional unified form of county government with an
elected county executive. The adoption shall be sub-
mitted to the electors pursuant to subdivision (d). A
vote of disapproval by the electors does not limit the
power of the board of county commissioners subsequently
to adopt an optional form of county government with an
appointed manager pursuant to subdivision (a). A
board of county commissioners may not adopt an option-
al unified form of county government with an elected
executive within 2 years after a unified form of county
government with an elected executive is disapproved by
the electors.
(c) The adoption of an optional form of county
government by a majority of the county board of
commissioners is valid unless within 90 days after the
adoption, petitions bearing the signatures of registered
electors of the county equal to not less than 5% of the
total number of votes cast for governor in the county in
the last previous election at which a governor was
elected, are filed with the county clerk requesting
adoption of the other alternate form. Upon the clerk
certifying to the county board of commissioners that
a proper petition is filed, the county board of
commissioners shall adopt the unified form of county
government requested by the petitions and submit the
question of approving or disapproving the adoption
to the electors in accordance with subdivisions (c) an
(d). When proper petitions are filed for both optional
forms of unified county government, both forms will
be adopted and the question of approving or disapprov
ing either of the options shall be submitted to the
county electors at the next regular primary election
occurring not less than 90 days nor more than 180 days
following the date of certification of the petitions
by the county clerk. l a primary election is not
scheduled during the period, the county board of
commissioners will call a special election for the
purpose of approving or disapproving either of the
options. When both forms appear on the ballot,
county electors may vote 'yes" or "no" on whether
to adopt a form of unified county government, and
may choose either alternate A or B. The alternate
receiving the highest number of votes will prevail.
Where the question of adapting a unified form of
county government is not approved, approve of
either alternate is void and the subsequentadoption
of an optional unified form of county aoyernrnent
Proposed Longuoge Present Language
P age 3
(d) The adoption shall be submitted to the elector,
for approval or disapproval at the next regular primary
election occurring not less than 90 days nor more than
180 days following the date of adoption or, if a primal-
election is not scheduled during the period, at a
special election called by the board of county
commissioners for the purpose within the period. If a
majority of the votes cast on the proposal at the
election approve the adoption, the optional unified
form of county government then ;-hall become effectiv
in the county 180 days following the date of the
election. If a majority of the votes cast disapprove
the adoption, it is void.
(e) If the board of county commissioners does not
adopt an optional unified form of county government,
petitions bearing the signatures of registered electors
of the county equal to not less than 10% of the total
number of votes cast for governor in the county in the
last previous election at which a governor was elected
may be filed with the county clerk requesting adoption
of alternate A or alternate B. Upon the clerk certi-
fying to the board of county commissioners that a
proper petition is filed, the question of adopting an
optional unified form of county government with the
alternate specified in the petition shall be submitted
by the board to the electorate of the county for
approval or disapproval at the next regular primary
election occurring not less than 90 days nor more than
180 days after the date the clerk certifies the petitions
to the board of county commissioners; or, if a primary
election is not scheduled during the period, at a
special election called by the board of county
commissioners for the purpose within the period. If a
majority of the votes cast on the proposal approve the
adoption, the optional unified form of county govern-
ment containing the alternate specified in the original
petition then shall become effective in the county 180
days after the date of the election.
(2) An election held pursuant to this section shall
be subject to and in accordance with the general
election laws.
(3) Except as otherwise provided by law, an
election which is requested by a county board of
commissioners or pursuant to petitions filed by the
electors for purposes of implementing this act shall be
paid by the county.
Sec. 4. (1) On the date the optional unified
form of county government becomes effective all
appointed boards, commissions, and authorities except
the apportionment commission, airport zorung board
of appeals, board of county canvassers, boards of
determination for drainage districts, c ivil service
commission, county drainage board, concealed
weapons licensing board, election commission, jury
commission, library commission, parks and recreation
commission, social services board, tax allocation
board, any board established to oversee retirement
programs, any plat board, any mental health board,
any hospital board, any intercounty drainage board,
and any building authority established by the county
individually or in conjunction with another unit of
Sec.4. (1) On the date the optional unified
form of county government becomes effective all
appointed boards, commissions, and authorities SHALL
BE ABOLISHED except the apportionment commission,
airport zoning board of appeals, board of county
canvassers, boards of determination for drainage
districts, civil service commission, county drainage
board, concealed weapons licensing board, election
commission, jury commission, librar
"Cial services board, tox
allocation—board, any board established to oversee
retirement programs, any plat board, any mental health
board, any hospital board, any intercounty drainage
board, and any building authority established by the
county individually or in conjunction with another unit.
ton- e0i19-11t1 3StOr17
CM= perk;
Page 4
Present Language
government and the boards of county road commissioner
and all elective county offices exc-ept those of county
commissioner, prosecuting attorney, clerk, register
of deeds, treasurer, sheriff, elected county auditors,
and drain commissioner are abolished and the tenure
of persons holding the offices or appointments are
terminated. Termination shall take effect whether
or not it coincides with the end of a term of office or
appointment. All county departments in conflict with
the departmental organization established by this act
are abolished. As used in this act, the term depart-
ment or county department shall not be construed to
include boards of county road commissioners.
(2) Powers vested in any abolished office, board,
commission, authority, or department, on the date the
optional unified form of county government becomes
effective, become general county government powers,
and functions performed by the office, board, com-
mission, authority, or department shall be carried on
as provided in this act.
(3) A board or commission which is excepted from
this act pursuant to subsection (I) shall exercise the
powers and duties as provided by law.
(4) The power vested in the office of county
prosecuting attorney, county sheriff, county register
of deeds, county clerk, county treasurer, county drain
commissioner, or the board of county road commissioner
and elected county auditor shall not be minimized or
divested by any provision of this act.
Sec. 5. Upon the date an optional unified form of
county government becomes effective, the board of
county commissioners shall be the governing body of
the county. The board shall be elected in the manner
and number and for terms as provided by law. Its
organization and procedures shall be as provided by
IOW, except as modified by this act.
Sec. 6. The board may:
(a) Establish policies to be followed by the
government of the county in the conduct of its affairs
and exercise all powers and duties vested in boards
of county commissioners not irconsistent with this act.
(b) Adopt ordinances and rules necessary for the
conduct of county business and exercise all other
powers in the area of legislation authorized by this
act or by general law.
(c) Establish committees of the board necessary
for the efficient conduct of business.
(d) Adopt the annual county budget and work
program, and adopt and from time to time revise and
update a long range capital improvement program and
capital budget.
Proposed Lpriguaae
of government and the board of counfy road commissicner
and all elective county offices except those of county
commissioner, prosecuting attorney, clerk, register of
deeds, treasurer, sheriff, elected county auditors, and
drain commissioner are abolished and the tenure of
persons holding the offices or appointments are
terminated. Terminaticn shall take effect whether or
not it conincides with the end of a term of office or
appointment. All county departments in conflict with
the departmental organization established by this act
are abolished. As used in this act, the term department
or county department shall not be construed to include
boards of county road commissioners.
(2) Powers vested in any abolished office,
board, commission, authority, or department, on the
date the optional unified form of county government
becomes effective, becomes general county government
powers and functions performed by the office, board,
commission, authority, or department shall be
ADMINISTERED BY THE COUNTY EXECUTIVE OR
COUNTY MANAGER IN THE MANNER DETERMINED
BY THE BOARD OF COMMISSIONERS.
Pag
Present Language
(e) Make appropriations, levy ioxes, and incur
indebtedness in the manner authorized by law for the
carrying out of functions, powers, and duties granted
or imposed upon the county or upon any office or
department thereof as provided by general law.
(f) Establish the budget for any department unless
otherwise fixed by law.
(g) Establish salaries of elected officials and head
of boards, commissions, and departments unless other-
wise fixed by law. Adopt a classification and pay pia
for all positions in the county service, which shall
provide uniform compensation for like service.
(h) Adopt, following a public hearing, personnel
rules governing county employment and operation of
a merit system if adopted as provided by law.
(i) Appoint members of any board, commission,
and authority.
(I) Appoint, when alternate A of this act is
applicable, a county manager to serve as chief admin-
istrative officer of the county.
(k) Inquire into and investigate the official con-
duct and audit the accounts of any county office or
offices. For these purposes it may subpoena witnesses,
administer oaths, and require the production of books,
papers, and other evidence,
(I) Appoint a staff to assist it in postaudit and
investigative functions.
(m) Appoint necessary personnel to assist it.
(n) Adopt, and from time to time revise, a com-
prehensive plan for county development as provided
by law.
(o) Adopt and enforce rules establishing and
defining the authority, duties, and responsibilities of
county departments and offices.
(p) Consolidate county departments or transfer
functions from I department to another.
(q) Enter into agreements with other governmental
or quasi-governmental entities for the performance of
services jointly.
(r) Accept gifts and grants-in-aid from a govern-
ment or private source.
Sec. 7. Within 60 days after an optional unified
form of county government containing alternate A
becomes effective, the board of county commissioners
by a majority vote of all members elected and serving
shall appoint a county manager. The manager shall
be the administrative head of the county government
and shall be responsible for the overall supervision of
Proposed La ngurige
-btidlyel- for -any- departmerrt-unl-ess-
t)t-l-ierw-i3e-fi-x-ed -by -Ia-vr.
(i) Appoint members of any board, commission,
and authority UNLESS OTHERWISE PROVIDED BY LA%
(j) Appoint, when alternate A of this act is
applicable, a county manager to serve as chief admin-
istrative officer of the county UNLESS OTHERWISE
PROVIDED BY LAW.
(k) In quire into and investigate the official con--
duct and audit the accounts of any county office or
offices. For-tli ese purposes- if-may -subpoerra-w "rtrre-sse 5-,
ecr•lis-, -and -require -the-prociuti-lett eboik
perpePs7-ancl- IT MAY AUTHORIZE THE
BOARD CHAIRMAN TO SUBPOENA WITNESSES,
ADMINISTER OATHS AND REQUIRE THE PRODUCTIO1‘
OF BOOKS, PAPERS, AND OTHER EVIDENCE, ANY
OTHER ACTS NOT WITHSTANDING
(o) Adopt and enforce rules establishing and
defining the authority, duties, and responsibilities of
county departments and offices UNLESS OTHERWISE
PROVIDED BY LAW.
Page 6 Present Language
all county departments not headed by elected
officers. He shall be appointed on the basis
of merit only. He need not be a resident of
the county at the time of his appointment but
shall assume and maintain residence in the
county following appointment except in counties
of 1,000,000 or more he shall also be a
resident at the time of his appointment. He
shall be paid a compensation as the board
determines. A member of the board during his
term of office and for 1 year thereafter is
not eligible for appointment as county manager.
The county manager shall hold office at the
pleasure of the board and may be removed by a
majority vote of all members elected and
serving.
Sec. 8. A county manager or county
executive shall:
(a) Supervise, direct, and control the
functions of all departments of the county
except those headed by elected officials.
(b) Coordinate the various activities of
the county and unify the management of its
affairs.
(c) Enforce all orders, rules, and
ordinances of the board and laws of the state
required to be enforced by his office.
(d) Prepare and submit to the board a
recommended annual county budget and work
program and administer the expenditure of
funds in accordance with appropriations. An
elected officer or county road commissioner
may appear before the board as to his own
budget. Not less than once year year the
appointed manager or county executive shall
submit to the board a proposed long-range
capital improvement program and capital
budget.
(e) Appoint, supervise, and at pleasure
remove heads of departments except elected
officials. The appointment or removal of
heads of departments shall require the con-
currence of a majority of the county board
of commissioners.
Proposed Language
(d) Prepare and submit to the board a
recommended annual county budget and work program,
NO LESS THAN 90 DAYS PRIOR TO THE COMMENCEMENT OF
THE SUCCEEDING FISCAL YEAR, and administer the
expenditure of funds in accordance with appro-
priations. An elected officer or county road
commissioner may appear before the board as to his
own budget. Not less than once each year the
appointed manager or county executive shall sub-
mit to the board a proposed long-range capital
improvement program and capital budget.
(e) Appoint, supervise, and at pleasure
remove heads of departments except elected
officials. The appointment or-remova+ of heads of
departments shall require the concurrence of a
majority of the county board of commissioners.
(f) Attend all meetings of the board with
the right to participate but not to vote.
(g) Submit recommendations to the board
for the efficient conduct of county business.
(h) Report to the board on the affairs of
the county and its needs, and advise the
board not less than each 3 months on the
financial condition of the county.
(i) Perform such other duties and
activities as the board shall direct.
Sec. 9. (1) A county executive, who is a
qualified elector in the county shall be
elected on a partisan basis for a term of 4 '
years concurrent with
{f}-Atterd-a++-meetfmg-of-the-board -with-the
ri.ght-to-part4e+pate-but-met-to-vote.
(i) AUDIT ALL CLAIMS WHICH ARE CHARGEABLE
AGAINST THE COUNTY, AND NO WARRANTS SHALL BE
DRAWN FOR SUCH CLAIM, NOR THE CLAIM PAID UNTIL IT
HAS BEEN AUDITED BY THE COUNTY EXECUTIVE OR HIS
DESIGNATED REPRESENTATIVE.
Sec. 9. (1) A county executive, who is a
qualified elector in the county shall be elected
on a partisan basis for a term of 4 years
concurrent with that of the
rage
Present Lal:qcoge
that of the coD,nty atern.,y, county cler
county realster of deeds, coulty treaF,urer, county
sheriff, elected county auditors, and county drain
commissioner.
(2) The first county executive shall be nominated
in the same election in which alternate B is approved.
He shall then be elected in the next regular primary
or general election occurring not less than 30 days
nor more than 90 days after the date of the election
in which alternate B is approved. If a primary or
general election is not scheduled during the period,
the county executive shall be elected at a special
election called by the board of county commissioners
for this purpose within the period. Thereafter, he shall
be nominated and elected in accordance with and
subject to the same laws applicable to the nomination
and election of other county officials.
(3) If the first election of a county executive is
a special election for that purpose only, and no more
than I candidate for each political party shall qualify
to have his name appear on the primary ballot, no
primary election shall be held, and the candidate so
qualifying shall be certified as the nominee of the
political party for which he filed.
(4) The office of elected county executive which
becomes vacant due to resignation or death shall be
filled for the balance of the unexpired term by appoint
ment of the board of count ,/commissioners.
(5) The salary of the county executive for the
initial term shall be established by the board of county
commissioners not less than &months prior to the date
the optional unified form of county government con-
taining alternate B becomes effective. For all subse-
quent terms it shall be established by the board consis-
tent with the procedures established for other elected
officials. The salary of a county executive shall not
be reduced during his term of office except as part of a
general salary reduction.
Sec. 10. The county executive shall be responsible
for the overall supervision of all county departments
not headed by other elected officials.
Sec. II. (I) The county executive may veto any
ordinance or resolution adopted by the board includ-
ing all or any items of an ordinance appropriating
funds. The veto shall be certified by the county
executive to the board of county commissioners within
10 days from date of adoption of the ordinance or
resolution and the board may override the veto by a
2/3 vote of all members elected and serving.
(2) Under the unified form of county govern ment
containing alternate B an ordinance or resolution shall
become effective on approval of the county executive,
on expiration of 10 days without approval or veto, or
on the overriding of a veto in the manner above
described.
Pf °posed Language
county prosecuting attorney, county clerk, county
register of ddeds, county treasurer, County sheriff,
elected county auditors, and county drain commissioner
THE FIRST TERM OF OFFICE OF A COUNTY EXECU-
TIVE, WHEN ELECTED AT AN ELECTION DIFFERENT
THAN THE ELECTION FOR COUNTY OFFICERS,
SHALL BE ONLY UNTIL THE NEXT JANUARY FOLLCM
INC THE ELECTION AT WHICH COUNTY OFFICERS
ARE ELECTED.
Sec. 11.(1 -A) EVERY ORDINANCE OR
RESOLUTION PASSED BY THE BOARD OF COMMIS-
SIONERS, EXCEPT AS OTHERWISE PROVIDED FOR lk
THIS SECTION, SHALL BE PRESENTED TO THE EXECL
TIVE BEFORE IT BECOMES EFFECTIVE AND THE
EXECUTIVE SHALL HAVE TEN (10) DAYS MEASUREL)
IN HOURS AND MINUTES FROM THE TIME OF
PRESENTATION IN WHICH TO CONSIDER IT. IF
THE EXECUTIVE APPROVES IT, HE SHALL WITHIN IH
TIME, SIGN AND FILE THE ORDINANCE OR
RESOLUTION WITH THE COUNTY CLERK AND IT
SHALL BECOME EFFECTIVE AS OF THAT DATE. IF
HE DISAPPROVES IT, HE SHALL RETURN IT WITHIN"Ili
TEN (JO) DAY PERIOD WITH HIS OBJECTIONS TO
THE COUNTY CLERK AND THE BOARD MAY CA/L' -
RIDE THE VETO BY A 2/3VOTE OF THE MEMBERS
[:LECTED AND SERVING.
Plc;
Sec. 12, (I) Upon the date an optional unified
form of county government becomes effective, the
following officials shall exercise the powers and
functions as provided by law, unless other powers or
functions are delegated to an official by the board of
county commissioners:
(a) The sheriff.
The clerk-register or clerk and the register of
(c) The treasurer.
(d) The prosecuting attorney. Where a county
employs an attorney pursuant to Act No. 15 of the
Public Acts of 1941, as amended, being sections 49.71
and 49.72 of the Michigan Compiled Laws, the pros-
ecuting attorney shall not act relative thereto.
(e) The drain commissioner.
(f) The boards of county road commissioners.
(2) The officials named in subsection (I) shall be
elected or appointed in such manner and for such term
as provided by law.
Sec. 13. An optional unified form of county
government shall have all functions, except when
otherwise allocated by this act, performed by I or mar
departments of the county or by the remaining boards,
commissions, or authorities. Each department shall be
headed by a director. Subject to the authority of the
county manager or elected county executive the
following departments and their respective directors
may be established and designated to be responsible
F or performance of the functions enumerated:
(a) The department of administrative services shall
perform general administrative and service functions
for the county government; carry on public relations
and information activities and deal with citizen com-
plaints, plan for, assign, manage, and maintain all
county building space; and manage a central motor pool
(b) The department of finance shall supervise the
execution of the annual county budget and maintain
expenditure control; perform all central accounting
functions; collect moneys owing the county not partic-
ularly within the jurisdiction of the county treasurer;
purchase supplies and equipment required by county
departments; and perform all investment, borrowing,
and debt management functions except as done by the
county treasurer.
(c) The department of planning and development
shall prepare comprehensive plans for the overall
Proposed Langu -icie
(1 -B) THE COUNTY EXECUTIVE SHALL
HAVE NO AUTHORITY TO APPROVE OR DISAPPRO1+
RESOLUTIONS OR MOTIONS PERTAINING TO THE
ORGANIZATIONAL STRUCTURE OF THE BOARD OF
COMMISSIONERS, APPOINTMENTS BY THE BOARD
OF COMMISSIONERS OR RESOLUTIONS CON-
CERNING THE BOARD OF COMMISSIONERS FOLIC
POSITIONS AS TO PENDING LEGISLATION AND
THE PROVISIONS OF SECTION 23 OF THIS ACT.
Sec 1f . (2) 6Intl-er-i+re-ttp-ri-f-ied-F-orrn-oF-cinrurrty
5evernment--corrterittiftg-al+e-rnett-e--4-ern-ord-incnct.t-rrr-
res.o-ktt-i-ofrsl-la-14-b-e-eme-e-f-feet-i-ve-art-apprfrvei-1-of-i+re-
cottrti-r-e-x-e-evi'rve-rtyn-expi-rerti-on--ef-10--clerpr cm" I-
approva-l-or--ve-tcr,--o-r-em-tlit-overrielirtg-of-a—sfrei.o4-n-t4.re-
merrirrer-a-broye-eie5eri4x-e/-. THE BOARD OF COMIS-
SIONERS MUST OVERRIDE A VETO BY THE SECOND
MEETING FOLLOWING DELIVERANCE TO THE
COUNTY CLERK OF THE MESSAGE OF VETO.
(b)
deeds.
eom
(-a} -C-ontoiiclatt-cieperorrrents-comp iei-elr or- in
en-may-transfer a -farroti-on ,from-l-el-epar+ril err+ 4o-
rto+11-er -upan-the f-fir ma i4 reemtntenel ation-of -th-e-
morra.ver-or lee i•ecl -cot:Irrt 7 -ex e-ct)14 v
He -Ilectrin-g7
Present Lonciu..age
Page
Proposed Lanivacje
development b f the county; uoordin,;te the preparation
of county capital improvement programs; supervise
economic development functions; and represent the
county in joint planning activities with other juris-
dictions.
(d) The department of medical examiners shall
coordinate and supervise medical investigative
activities.
(e) The department of corporation counsel if
adopted shall perform as provided by law all civil law
functions and provide property acquisition services for
the county as provided by law.
(f) The department of parks and recreation shall
develop, maintain, and operate all county park and
recreation facilities and supervise all recreation
programs except where tl-esame is under a board of
county road commissioners, or a parks and recreation
commission.
(g) The department of personnel and employee
relations shall perform all personnel and labor relations
functions for the county.
(h) The department of health and environmental
protection shall perform all public health services
for the county and carry on environmental upgrading
programs.
(1) The department of libraries shall operate a
general library program for the county if no library
board or commission exists and may operate libraries
for other governmental and semi-governmental entities
(j) The department of public works shall construct
maintain, and operate all countystorm and sanitary
sewer, sewage disposal, general drainage, and flood
control facilities except as the some are performed by
the county drain commissioner; perform general
engineering, construction, and maintenance functions
for all county departments and, upon approval of the
board, for other governmental and semi-governmental
entities; and operate the county airport except where
the airport is operated by a board of county road
commissioners.
(k) The department of institutional and human
services shall supervise county human service programs
including hospitals and child care institutions.
Sec. 14. Except to a department headed by electe
county officials or the board of county road commis-
sioners, the board of county commissioners may:
(a) Consolidate departments completely or in part
or may transfer a function from I department to another
upon the affirmative recommendation of the county
manager or elected county executive and following a
public hearing.
(H Create additional departments.
(c) Require the county manager or elected count y
executive to serve as director of a departmeni.
L.17;
..Prese.nt
Sec. 15. (1) Each derVrn Had may appoint
I deputy.
(2: A department head and any deputy appointed
thereunder is exempt from civil service.
Sec. 16. The civil service commission, if existing,
shall hear and decide appeals from any disciplinary
action, suspension, or removal of county employees
who are within the classified service, and shall perform
no other function. The commission in exercising its
duties shall be authorized to employ such secretarial
and clerical assistance as may be approved by the boarc
of county commissioners. All other personnel and
employee relations functions of the county shall be
performed by the department of personnel and employee
relations, the county manager or elected county
executive and the board of county commissioners. The
civil service commission shall have no authority over
the performance of such functions.
Sec. 17. The board of county commissioners shall
continue, without diminution of function or authority,
any board previously established to administer employee
retirement and pension programs or may create a retire-
ment board if none exists. A retirement board may
invest or reinvest the moneys thereof.
Sec. 18. Upon the date an optional unified form
of county government becomes effective, title to all
property, real or personal, formerly held in the name
of any office, board, commission, authority or depart-
ment which is abolished shall be held in the name of
the county.
Sec. 19. When an optional unified form of county
government becomes effective all ordinances previously
enacted by the board of county commissioners and tin-
repealed, to the extent not inconsistent with this act,
remain in full force and effect.
Sec. 20. When an optional unified form of county
government becomes effective, this act is controlling
as to all matters to which it relates, and provisions of
law not in conflict continue in full force and effect.
Sec. 21. Under an optional unified form of county
government all rights secured employees by existing
civil service and merit system legislation are continued
in full force and effect, except as specifically modified
by this act.
Sec. 22. Under an optional unified form of county
government all retirement and pension rights of employ-
ees provided by existing law remain in full force and
effect.
Sec. 23. An optional unified form of county
government may he abolished in the following manner:
(a) After a period of 4 years from the date an
optional unified form of county governm e nt originally
became effective, the board of county commissioners
of the county, by a majority vote of those members
elected and serving, ma y obolisl, the form and elect
to be governed by the provisions of tHe r;eneral county
Proposed Language
law then in rorce. Su:11 abolition then shall be
submitted to the electorate of the county for approval
or disapproval at the next regular primary or general
election occurring within the county. If a majority
of votes past on the proposal at such election shall
approve the abolition, the optional unified form of
county government shall be abolished in the county
effective 180 days after the date of the election.
(b) Upon adoption by the voters of the county of
a home rule charter.
(c) After a period of 4 years from the date an
optional unified form of county government containing
alternate A or alternate B originally became effective
if the board of county commissioners of the county
does not exercise its discretion to abolish the form,
a petition, signed by not less than 10% of the total
number of persons voting in the last previous election
for which votes were cast for governor may be filed with
the clerk-register or clerk requesting abolition of the
form. Upon the clerk-register or clerk certifying to
the board that proper petition has been filed, the
board shall submit the question of abolishing the
optional unified form of county government to the
electorate of the county for approval or disapproval
at the next regular primary or general election
occurring within the county. If a maiority of votes
cast on the proposal at such election approve the
abolition, the optional unified form of county govern-
ment shall be abolished in the county effective 180
days after the date of the election.
BE IT FURTHER RESOLVED that copies of this resolution be forwarded to all
State Legislators representing Oakland County and to the County's Legislative Agent.
The General Government Committee, by Robert W. Page, Chairman, moves
the adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
:) obert W. Page, Chair
this 7th day of July
#8062 July 7, 1977
Moved by Page supported by Pernick the resolution be adopted.
Discussion followed.
Moved by Aaron supported by Doyon the resolution be amended in Section 11, Paragraph
(1-B) be eliminated and substitute language be inserted as follows: "The County Executive
shall have authority to disprove by veto, only County Ordinances, and resolutions
appropriating funds."
Discussion followed.
Vote on amendment:
AYES: Aaron, Daly, DiGiovanni, Doyon, Fortino, Hoot, Kelly, Perinoff, Pernick,
Price, Wilcox. (11)
NAYS: Gabler, Gorsline, Kasper, Lanni, McConnell, Moffitt, Montante, Moxley,
Murphy, Page, Patterson, Peterson, Simson. (13)
A sufficient majority not having voted therefor, the amendment failed.
Moved by Fortino supported by Daly the resolution be amended in Section 4 (1) to
delete the deletion of Parks and Recreation Commission.
Vote on amendment:
AYES: Daly, DiGiovanni, Doyon, Fortino, Hoot, Kelly, Montante, Moxley, Patterson,
Perinoff, Pernick, Price, Simson, Wilcox. (14)
NAYS: Gabler, Gorsline, Kasper, Lanni, McConnell, Moffitt, Murphy, Page, Peterson,
Aaron. (10)
A sufficient majority having voted therefor, the amendment carried.
Moved by Montante supported by Fortino the resolution be amended under Section 6 (e)
to add: "Notwithstanding, any other provision of the law, shall establish an Appeals
Board to hear appeals and denials of water well permits, septic tank permits and
restaurant licenses."
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution as amended:
AYES: DiGiovanni, Doyon, Fortino, Gabler, Gorsline, Kasper, Kelly, Lanni,
McConnell, Moffitt, Montante, Moxley, Murphy, Page, Patterson, Pernick, Peterson, Simson,
Wilcox, Aaron, Daly. (21)
NAYS: Hoot. (1)
PASS: Perinoff. (1)
A sufficient majority having voted therefor, the resolution, as amended was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and
having a seal, do hereby certify that 1 have compared the annexed copy of
Miscellaneous Resolution #8062 adopted by the Oakland County Board of
Commissioners at their meeting held on July 7, 1977
with the original record thereof now remaining in my
office, and that it is a true and correct transcript
therefrom, and of the whole thereof.
In Testimony Whereof, I have hereunto set my hand and
affixed the seal of said County at Pontiac, Michigan
Lynn D. Allen Clerk
By Deputy Clerk
#8 062 July 21, 1977
Moved by Gorsline supported by McConnell the Board reconsider Miscellaneous
Resolution #8062 - Legislative Amendments to Unified Form of County Government.
AYES: Lanni, McConnell, McDonald, Moffitt, Montante, Murphy, Olson, Patterson,
Peterson, Roth, Simson, Aaron, DiGiovanni, Doyon, Gabler, Gorsline, Hoot, Kasper,
Kelly. (19)
NAYS: Moxley, Page, Perinoff, Pernick, Price, Wilcox, Daly, Fortino. (8)
A sufficient majority having voted therefor, the motion carried.
Moved by Gorsline supported by McConnell the resolution be amended in Section 4
(1) by deleting the words "County Road Commissioners."
Discussion followed.
AYES: McConnell, McDonald, Moffitt, Montante, Murphy, Olson, Patterson,
Peterson, Roth, Simson, Aaron, Daly, DiGiovanni, Doyon, Gabler, Gorsline, Hoot, Kasper,
Kelly, Lanni. (20)
NAYS: Moxley, Page, Perinoff, Pernick, Price, Wilcox, Fortino. (7)
A sufficient majority having voted therefor, the amendment carried.
Moved by Gorsline supported by Aaron the resolution be amended in Section 4 (1)
by deleting the words "Parks and Recreation Commission."
AYES: McDonald, Moffitt, Montante, Murphy, Olson, Pernick, Peterson,
Roth, Aaron, DiGiovanni, Gabler, Gorsline, Hoot, Kasper, Kelly, Lanni, McConnell. (17)
NAYS: Moxley, Page, Patterson, Perinoff, Price, Wilcox, Daly, Doyon, Fortino. (9)
A sufficient majority having voted therefor, the amendment carried.
Moved by Pernick supported by Fortino the resolution be amended by "deleting
Section 11."
AYES: Pernick, Roth, Daly, Fortino. (4)
NAYS: Moffitt, Montante, Moxley, Murphy, Olson, Page, Patterson, Perinoff, Peterson,
Price, Wilcox, Aaron, DiGiovanni, Doyon, Gabler, Gorsline, Hoot, Kasper, Kelly, Lanni,
McConnell, McDonald. (22)
A sufficient majority not having voted therefor, the amendment failed.
Moved by Hoot supported by Perinoff the resolution be amended in Section 11 paragraph
1 by striking the word "resolution" and inserting the word "appropriation."
AYES: Moxley, Perinoff, Pernick, Price, Roth, Aaron, Daly, DiGiovanni, Doyon,
Fortino, Hoot, Kelly, Lanni. (13)
NAYS: Montante, Murphy, Olson, Page, Patterson, Peterson, Wilcox , Gabler, Gorsline,
Kasper, McConnell, McDonald, Moffitt. (13)
A sufficient majority not having voted therefor, the amendment failed.
Moved by Wilcox supported by Pernick the resolution be amended by striking "Section 2,
Item B."
AYES: Perinoff, Pernick, Roth, Wilcox, Daly, Doyon, Fortino, Hoot. (8)
NAYS: Moxley, Murphy, Olson, Page, Patterson, Peterson, Price, Aaron, DiGiovanni,
Gabler, Gorsline, Kasper, Kelly, Lanni, McConnell, McDonald, Moffitt, Montante. (18)
A sufficient majority not having voted therefor, the amendment failed.
Vote on resolution as amended:
AYES: Murphy, Olson, Patterson, Peterson, Aaron, Daly, DiGiovanni, Doyon, Gabler,
Gorsline, Kasper, Kelly, Lanni, McConnell, McDonald, Moffitt, Montante. (17)
NAYS: Page, Perinoff, Pernick, Price, Roth, Wilcox, Fortino, Hoot, Moxley. (9)
A sufficient majority having voted therefor, Resolution #8062 as amended, was
adopted.
#8062 July 21, 1972
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and
having a seal, do hereby certify that I have compared the annexed copy of
Miscellaneous Resolution #8062 adopted by the Oakland County Board of
Commissioners at their meeting held on July 21, 1977
with the original record thereof now remaining in my
office, and that it is a true and correct transcript
therefrom, and of the whole thereof.
In Testimony Whereof, I have hereunto set my hand and
affixed the seal of said County at Pontiac, Michigan
21st July 19 77 this day of
Lynn D. Allen Clerk
By Deputy Clerk