HomeMy WebLinkAboutResolutions - 1977.07.21 - 10576enry W. t, Chairman
HEREWPPROVETHE F EGOING RESOLUTION
7
hj,'Cou"Autive
Miscellaneous Resolution No. 8077 July 7, 1977
BY: PUBLIC SERVICES COMMITTEE - Henry W. Hoot, Chairman
IN RE: ACCEPTANCE OF 1977 COOPERATIVE REIMBURSEMENT GRANT APPLICATION --
PROSECUTOR
To The Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS, pursuant to Miscellaneous Resolution #7765, 1977 Grant
Application was made for the renewal of the Cooperative Reimbursement Program,
Prosecutor; and
WHEREAS, grant funds in the amount of $232,595 have been awarded
to the County of Oakland, of which $13,252 would be County funded and $219,343
would be State funded; and
WHEREAS, the Public Services Committee recommends that said grant
award be accepted.
NOW THEREFORE BE IT RESOLVED that the County of Oakland hereby
accepts the Cooperative Reimbursement Program, Prosecutor, grant funds in
the amount of $232,595 for the period March 1, 1977 to December 31, 1977.
The Public Services Committee, by Henry W. Hoot, Chairman, moves
the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
FISCAL NOTE
BY: FINANCE COMMITTEE, PAUL E. KASPER, CHAIRMAN
IN RE: MISCELLANEOUS RESOLUTION #8077 - ACCEPTANCE OF 1977 COOPERATIVE
REIMBURSEMENT GRANT - PROSECUTOR
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman, Ladies and Gentlemen:
Pursuant to Rule XI-C of this Board, the Finance Committee has reviewed
Miscellaneous Resolution #8077 and finds that the County cash match of $470
is available in the 1977 Prosecutor's Budget - Capital Outlay.
FINANCE COMMITTEE
Paul E. Kasper, Chairman
Number
of
Positions
Salary: (2) Sr. Trial Lawyer
Ass't. Pros. II
Prosec. Invest.
Clerk II
Typist II 2)
Ant. Salary Adjust.
Sub. Total Salary 13
Fringe Benefits @ 28%
TOTAL SALARY & FRINGE BENEFITS
Indirect Cost
1
2
3
2
5
1
2
3
2
5
13
OAK,LAND COUNTY
COOPERATIVE REIMBURSEMENT PROGRAM
PROSECUTOR
Comparison 1977 Application - 1977 Award
Program Application Number
1/1/77-12/31/77 of
12 Months Positions
29,765
39,278
48,903
17,600
45,102
9,,032
189,680
53,110
242,790
79,392 (32.70% of
Salary & Fringes)
Program Award (1) Variance
3/1777-12/31/77 Favorable/
10 Months (Unfavorable
20,280 (9,485)
25,520 (13,758)
41,985 (6,918)
15,870 (1,730)
40,660 (4,442)
0 (9,032)
144,315 (45,365)
40,408 (12,702)
184 ,723 (58,067)
21,647 (15% (57,745)
of Salary)
Operating
Transportation (3)
Travel & Conference
Stationery Supplies
Equipment
Communications
Radio Rental
Memberships, Dues & Publications
Postage
Out of State Processing
Miscellaneous
Rent
TOTAL Operating
TOTAL
Funding Sources
County
Cash
In-Kind
TOTAL COUNTY
State
TOTAL
6,500
1,000
3,600
8,770
4,000
1,440
300
0
400
500
0
26,510
348,692
47 0
470
348,222
348,692
5,655 (845)
900 (100)
3,000 (600)
3,845 (4,925)
3,400 (600)
1,225 (215)
0 (300)
0 0
400 0
425 (75)
7,375 7.375
26,225 (285)
232,595 (116,097)
470 0
12,782 12,782
13,252 (6%) 12,782
219,343 (9470 )(128,879)
232,595 (116,097)
(1) The 1976 Grant was extended two (2) months through Feb. 28,1977 by Misc. Res. #7878
(2) No new positions, but upgrading of one (1) Ass't. Prosecutor III to Senior Trial
Lawyer and one (1) Clerk I to Typist II position included (requires Personnel Committee
action)
(3) Transportation-cost of three (3) investigators vehicles
and
COOPLRATIVE REIMBURSE -ENT PROGRAM AGRELMLNE
State of
Department—of 'Jocial Services
This agreement executed as of March 1 , 19 77 by 6hd between
THE COUNtY OF OAKLAND
(hereinafter "County") and the Michigan Department of Social Services
(hereinafter "Department")';
WITNESSETH THAT
WHEREAS, Department under the Social Security Act, Title IV-D, section 1M
and under the Social Welfare Act, sections 10 and 14(m), has tien delecoted
responsibility for the development and implementation'of a program to -
establish paternity and secure support for children receiving ABC benPfits,
WHEREAS, Department desires to enter into'an agreement with CoinL to:
1) assist Department in providing the services necessary to estlish
paternity and secure support for children receiving ADC Lenefits iithir
the meaning of federal regulations pertaining thereto, and 2) assist in
other matters of common concern to County and Department, includiwj tue
providing of services to non-ADC individuals, and
WHEREAS, County is desirous of entering into such an agreeri.ent with
Department;
NOW THEREFORE: County and Department, in consideration of the pi -omises
and mutual convenants hereinafter contained, do hereby agree as
1. Scope of Services
Services will be provided to ADC assistance recipients, and s n Iall also t ,e
provided to non-ADC individuals upon request„and the Department in
compliance with the Program Narrative which is Part II of the Proram
Application, a copy of which is attached hereto and made a part tHreof
by reference.
2. Duration of Program
This agreement shall be in effect for ten (10) months from the date
first above written provided, that an extension of up to two months my
be granted by mutual agreement for the sole purpose of ensuriwi full
implementation of the program. Also see paragraph 16 infra.
DSS-320 (Rev 11-75) Previous edition obsolete Page 1 of 4
7. Records
County shall maintain such records as are deemed necessary by DepartTent to assure
a proper accounting for all costs. These records will be made available for
audit purposes to Department, the Auditor General, or any authorized repres-
entative of the State of Michigan, and will be retained for five years after the
expiration of this contract unless permission to destroy them is grd.nted by both
Department and the State of Michigan.
8. Reports and Inspections
County shall make financial, program progress and other reports as requested
by Department.
9. Maintenance of Fiscal Effort
Program funds (State and Federal) will not be used as a substitute for local
funds that would normally have been made available for the items covered by
this agreement. County will maintain its pre-agreement fiscal effort relative
to agreement items.
10. Confidentiality
Information provided by Department or the local Department of Social Services
in cooperation with County and in furtherence of the aims and purposes of this
agreement will be used only for the purposes intended.
11-. Political Activities
None of the funds, materials, property, personnel or services contributed by
Department or County under this agreement shall be used in the performance
of this agreement for any partisan political activity, or to further tha election
or defeat of any candidate for public office.
12. Religious Activity_
There shall be no religious worship, instruction or proselytization cart c,f-
or in connection with the -performance of this agreement.
13. Non-Discrimination
In connection with the performance of services under this agreement County
DSS-20 (Rev 3-73) ?revious edition obsolete Pa'6e 3 of 6
- •
• . •
3. Deliartm'eht of Social Services, Office of Central Regis try
. The Staff of the Office of Central Registry will be assigned to work as liaison
between County and Department and further, said staff will lend technical asaist-
ance and advice to County.
4. Payment-Schedule and Amount
A. Amount. Payment will be made on the basis of the Program Budget which is
Part III of the Program Application, a copy of which application is attached
nereto and made a part hereof by reference, provided that no more than $
shall be paid from combined County and State Funds during tile life of this
-agreement; provided further tnat $' 13,252.00 of the above anount is the County
appropriation contributed to the IV-D program.
B. Schedule. Payment,will be made monthly upon receipt of itemized hiilin for
actual expenditures incurred pursuant to this agreement. All payments willbe
used only for the conduct of the program as encompassed by this i..greement.
5. Equipment
An inventory shall be maintained of all equipment purchased by County pursuant
to this agreement. County shall take the necessary action to assure that title to
all aforesaid equipment shall be vested in the State of Michigan upon expiration
of this agreement, or in the event equipment is purchased with combined county
and program funds, the pro rata share of title to said equipment shall be vested
In the State of Michigan or otherwise protected.
6. .Cancellation, Termination and Amendment
This agreement may be terminated, cancelled, revoked and annulled by either party
_ .
• upon written notice of at least sixty (60) days. If through any cause County
shall fail to fulfill in timely and proper manner its obligations under this
agreement, or if County shall violate any of the covenants, agreements, or
stipulations of this agreement, Department shall thereupon have the right to
terminate this agreement by giving written notice to County of such termindtion
and specifying the effective date thereof. This agreement may be amended in
whole or in part by mutual consent, provided that said amendment be reduced in
writing, properly executed and made a part of this agreement.
DSS-320 (Rev 3-73) Previous edition obsolete P,Ige 2 of 4
This 1W day o
•
agrees to cowply 0.ith the provisions of th:] Constitution of the State of Nichicrin,
Article I, Section 2. County further agrees tb compily with the Civil ghts
Act of 1964 (78 Stat. 252), the Regulations of the Department of Health, Education
and Welfare issued pursuant to that act, and the provisions of Executive Order
11246, Equal Employment Opportunity, dated September 24, 1965.
14. Roya_lties.
Department reserves a royalty-free nonexclusive license to use and authorize
others to use all copyrightable or copyrighted material resulting -Iron! this program.
15. Studies and Investigations
All reports of i .nvestigations, studies, etc., made as a result of this agreement
shall acknowledge the support provided by Department. _
16. Anything to the contrary in paragraph 2 supra notwithstanding, in the event
this aveement shall lapse, and the county has submitted an application for re-
funding, said agreement shall cOntinue in effect as if no lapse occurred, and
reimbursement shall be made at the level of said agreement, unless Department
notifies County in writing of its intention not to refund nor to enter into a
new agreement.
IN WITNESS WHEREOF
Department and County have caused this agreement to be executed by their
respective officers duly authorized so to do.
Dated at ---Lans4449, , Michigan STATE OF MICHIGAN
. DEPARTMENT OF SOCIAL SLRVICES
19 n BY
,
• Johnj. Dempsey, Director
Paul M. Allen„Chief Deputy Director Dated at Michigan
This day of , 19 Ely
In the presence of:
STATE OF MICHIGAN - For DEPARTMENT OF SOCIAL SERVICES
ChArman
Oakland County Board of Cowlissioners
1,t)-tty,2
For OAKLAND COUNTY
DSS-320 (Rev 9-75) Previous edition obsolete
-- - - " . -
. . I , ,....--__ . •
.._...-.... ... - -n.:-. -.4,1-- -..,ir'---" 7.1"..r..'"V!'' • ^.- 1- -,. .: • ' - . -
Page 4 of 4
U1A TjVLii:`,H_IMbLiiiSEMENT IP • DGRA)ri APPLiCATIO'N
PART II - PROGR'.;.114ARRATIVE
--• ------ •
A) PROGRA,"; SUPERVISOR (List official title and address of the reon who will set
personnel policies, appoint new employees and will otherwise exercise•supervisory
powers and duties.)
The Prosecuting Attorney for the County of Oakland, L, Brooks
Patterson, will be responsible for the hiring and supervision cf
all personnel under this program. It will be the n)'nseci:tinci
Attorney's responsibility to execute the policies for the adirinis-
tration of this program, which policies will be developed by him
in cooperation with the Department of Social Services.
PROC.L.P1V1 PERSONNEL (List title, responsibilities, duties and e;-Iploy;;lent _
prerequisites such as education, experience, etc.)
I Senior Trial Lawyer.
D-ut -i-e-s and Responsibilities: The Senior Trial Lawver will act --
as the Chi ef of the Fami ly Support Division of the Oak land Cr.);.:nly
Prosecutor' s Office and will be the immediate supervisor of al I
legal, investigative, secretarial and clerical staff of 1 -.1-le divisiend
He will report directly to the Chief Assistant Prosecutor. He will
devote his full time to the Family Support Division, which has the
responsibility of processing all complaints under the Family S';rporto
URESA, Pate rni ty, , Emanci pati on of Minors Act, Criril na I Non -SutiPor t
Statutes and Federal Law P.L. 93-647.—The Family Support Division - I
also has 'responsibility for processing all welfare fraud case,
related to -paternity alid child sOpport only. He. will assigliinvestigators ti
perform tneir related duties with regard to investigations of -matters comihi
under toe jurisdiction of the Family Support Division.
This position will be fully funded by the•State.
2 Assistant Prosecutor II (APA II)
Duties and Responsibilities: The two APA II's will be assigned
to the Family Support Division and assist the Division Chief oi .i a
full time basis in processing cases which come within the jur 4.:.1dic-
tion of the Family Support Division.:
These positions will be fully funded by the State.
Employment Prerequisites: All attorneys must he persons with law
degree from an accredited law school who have passed (h State
Examination and who are active members of the State 5dr of Michigan.
DSS-319 (Rev 3-73) Previous edition obsolete
B) PROGRAM PUSONNEL (Continued)
3 Prosecutor's Ilvestioator ,- ,
Duties and Responsibilities: Three Prosecutor's Investigators
are required to a-sist the Family •Support Division of the Prose-
cuting Attorney's Office in performing the duties assiy i ned to it.
They will be responsible . for service of process in all Family Support,
URESA, Paternity and Fmancipation of Minors actions. Thoy will f:enduct
fraud investigations on "father in the home" cases where child Snpport
and/or paternity. is involved including, but not limited to,
lance and execution of search and arrest warrants. Prosecutor's
Investigators perform related duties such as transport a tion of parties
for interviews or court appearances in all support matters.
These three positions will be fully funded by the Sia.Le.
2 Clerk II • •
Duties and Responsibilities: One Clerk II -provid ,,s clerical
help Lo the Prosecutor's Investigators. Some duties are ...maintehnce
of all records relating to service of process and-welfare fraud as is
related to pdternity and/or child support'[screening of telephone calls, filing, and
typing correspondence and reports as necessary.
(inc Clerk II shall act as receptionist for the Fami ,iy Sup-port --
Division. Duties include handling incoming clients, screening
telephone calls, conducting interviews, sorting - mail, filing, and
general clerical duties as assigned.
These two positions will be fully funded by the State.
5 Ty_pist II
Duties and Responsibilities: The personnel in this classifica-
tion are responsible for the bulk of the typing that is necrssa in
this office and includes typing letters, legal documents for c.0 ,1
filing, motions, and miscellaneous typing. Other related duties
include interviews, telephone screening, and general clerii7,cil duties
as assigned. _In addition, they will be responsible for processing.
the neceSsary paperwork*involving Family'Support,-URFSA, Paternity,
Emancipation of Minors, and other actions.
These five positions will tie fully funded by the State.
Salary Increases
That in recognition that the County is bound to pay the salary
rates as established by the County Board, said rate or rates estab-
lished for any of the above personnel, therefore, including any
raises, cost of living, fringe increases or step-increases which
arise or may arise during the period of this contract are hereby
authorized to be paid.
3
036PLRAFIVE- REIMUR.SEMENT PRO n N-1' APPLICATION (Cont'd)
PART II - PROGRAM NARRATIVE. (Cont'd) "
C) PROGRAM FUNCTION (Describe the nature and extent of the expcns1on or present .
services and the nature and extent of services created pursuant to the proT -am.
Include how these services will be provided, where they will he provided and
other pertinent facets of the program, use continuation sheets if necessary.
Also refer to particular statutes to be used.
The overall purpose of this program is to assist the Pepart-ent
of Social Services in all matters pertaining to welFar2 asc;istanc.2.
Personnel funded by this grant will be assigned full time t.o th!:
Family Support Division of the Prcsecutor's Office which is rcspon-
sible for all of the following types of proceedings: UP.ES, i'ater-
nity, Family Support, Emancipation of Minors, Welfare EraiAd Complaint k .
and Criminal Non-Support Cases. _ _
- The Department; through the' Office of Central P,egistry, (.17-0 _
Agency) shall provide the courts, prosecuting attorneys, and Friends
of the court with pertinent information needed in loca',inq absent
parents, establishing paternity and securing support, inclAdin the
immediate transfer of information . obtained under 45 (ER 235.70, to
court OT law enforcement officials; to the extent that sicb iof^.r-
mation is relevant to the duties to be performed pursuant .to the
agreement; and the County, through the Offices of the inq
Attorney andFriend of the Court shall provide assistance to the
IV-D Agency in carrying out the program. --
* The.invostigation and prosecution of. fraud-shall also be
pursued, provided it is directly related to paternity and/or child
support.
It is further understood that the personnel funded under this program shall be
committeu only to those things which come under the purview of PL. 93-07, the
federal regulations thereon, as related to the IV-D . function.
DSS-319 (Rev 3-73) Previoun edition obsolete
COOPERATIVE REIMBURSEMENT 'TOGRAM APPLICATION (Cont'd)
PART II - PROGRAM iiARRATIVE (Cont'd)
PROGRAM FUNCTION (Describe the nature and extent of the exp3nsirA of present
services and the nature and extent of services created pursuant to the program.
Include how these services will be provided ) where they will be provide l and
other pertinent facets of the program, use continuation sheets if necessary.
Also refer to particular statutes to be used.
The Prosecutor's Office will actively carry out those veisionc, or
P. L. 93-647 concerning the establishment of paternity and securimj cild
support in cooperation with the Department, through the Office of Cpro_NI1
Registry (IV-D Agency) in an effort to shift the burden for the support
of minor children back to those legally liable and financially able to do so.
To that end, prompt representation will be given to the AN 'recipient/
applicant, or to the Department where 'applicable, utilizing the .*arious
statutes including: Paternity, URESA, Family Support, Emancipation of
Minors Act.
. -
Further, these same services will be available to the non-AV '-- -
recipient upon request.
The'investigation and prosecution of fraud shall also he pursued,
PROVIDED it is directly related to PATERNITY and/or CHILD SUPPORT.
The Prosecutor's Office shall submit reports as requested by the IV-D
Agency concerning case activity in order to facilitate an assessment of
progress of the program.
The Department, through the Office of Central Registry (IV-D
shall provide the courts, prosecuting attorneys, and friends of the courh
with pertinent information needed in locating absent parents, esa!)lishing
paternity and securing support, including the immediate transfer of
information obtained under 45 CFR 235.70, to court or law enforcement
officials; to the extent that such information is relevant to the dutie
to be performed pursuant to the agreement; and the County through the
offices of the Prosecuting Attorney and Friend of the Court shall provide
assistance to the IV-D Agency in carrying out the program.
DSS-319 (Rev 3-73) Previous edition obsolete
o f
Uf,..)cm cL c4 "KLIG1{AM APPLICA10),i t •P
- 3/1/ii - 1?/31/77 a. • 4
County State
Funds Fonds
(2)
$ 20,n0
25,520
41,(P25
Total
Estin!ted
Costs
S 20,2
25,520
41X5
15,C,70 15,8/0
40,060 1 40,660
40,406 40,40P,
16,210 21,64/
124.6
$ 5,407
5,655 - .
900 j 91')0 :
-0-- Ls 6,555 AS 6.,555 .__ I
Subtotal 470 Is
5. OTHER EXPENDITURES (Itemize.)
Telephone
Out of state process serving
Transcripts, notaries
Mobile Communications
3,400 3,400
\ 400 400
' 425 425
1,225 1,225
Subtotal
6. RENT (Total area and cost per sq. ft.)
Ii
7,375 7,375
Subtotal
7 ' TOTAL COSTS
DS:,-319 (Rev 3-73) Previous editioa obsolete
$ 7_13.7_5
$ 13,252
$ . _
I
rage of 4/
PART III - PROGRAM BUDaEl F'OR YEAR OPLVION
1, PERSONNEL (List all positions Percent
by title and annual salary; time on
use continuation sheets, if job
necessary.)
1 - Sr. Trial ALtorney 100%
2 - Asst. Pros. Atty. 100%
3 - Investigators 100%
2 - Clerk II 100%
5 - Clerk Typist II I 100%
FRINGE BENEFITS: 26%
Indirect Costs: 15%/salaries
Subtotal
2. TRAVEL (Itemize by major purposes.)
Investigation of ADC related cases
1V-L) approved conferences
Subtotal
3. SUPPLIES (Itemize bymajor types.)
Forms, stationery, printing 3,000 - 3,000
Subtotal
4. EQUIPMENT (Itemize.)
Xerox rental and maintenance
Acme Visible Record File rental
Typist Desk and Chair
$ L000 [
2,125
1,250 1,250
470 1 479
1230 square feet @ $7/sq. ft.
July 21, 1977
#8077
• •
Moved by Hoot supported by Fortino the report be accepted and Resolution
# 8077 be adopted.
AYES: Gorsline, Hoot, Kasper, Kelly, Lanni, McConnell, McDonald, Moffitt,
Montante, Olson, Page, Patterson, Pernick, Peterson, Price, Roth, Simson, Daly,
Doyon, Fortino,Oabler. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the report was accepted and
Resolution #8077 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 I have compared the annexed copy of
... so 1 ut ion . /1807 .adopted .Caun.t.y. BID.a.rd. of. Comcni ss i on ers .
gt . ttig . ijjc .mqqt .4e14 .4141* 1.977
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
this 21st day of July
Lynn D. Allen Clerk
By Deputy Clerk