HomeMy WebLinkAboutResolutions - 1986.05.08 - 10750Miscellaneous Resolution # 86H7 May 8, 1986
By: GENERAL GOVERNMENT COMMITTEE--John E . Olsen, Chairperson
In Re: DISTRICT COURTS—POLICY POSITION OPPOSING EXPANSION OF 52ND
DISTRICT COURT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies, and Gentlemen :
WHEREAS various control units for district courts of the third class
within Oakland County have requested that their courts become courts of
the second class, thus becoming part of the 52nd district for which the
County of Oakland is the control unit; and
WHEREAS the cost of operating most of these district courts far exceeds
the court revenue allocated to the control unit; and
WHEREAS these district court deficits will be increased by the diversion
of an ever-increasing amount of revenue to the public libraries as a result
of the Court of Appeals decision in Case No. 52103, Saginaw Public Libraries
vs. Judges of the 70th District Court; and
WHEREAS it appears highly unlikely that the state legislature will amend
the district court control statutes as requested by the Board of Commissioners
on Miscellaneous Resolution #85336 to effect a more equitable distribution
of court revenues by ending the diversion of district court income to various
state programs and to local units of government ,which bear none of the
costs of court operations; and
WHEREAS the County of Oakland, like all local units of government,
now faces financial uncertainties due to proposed cutbacks in state and federal
funds ; and
WHEREAS the current state statutes allowing the state legislature to
change the class of the district court, thus transferring the responsibility
from one local unit to another, would require the consent of the control
unit; and
WHEREAS a previous Oakland County Board of Commissioners has twice
rejected efforts to adopt a policy in favor of taking over additional district
(17--
eneral Goveinment Committee
courts. (On October 11, 1977, an amendment to Miscellaneous Resolution
#4075 was defeated by a vote of 13 to 12, and Miscellaneous Resolution #8216
introduced on the same day was not reported out of committee.)
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners does not support the takeover of additional district courts
unless the provisions of Miscellaneous Resolution #85336 are enacted (to effect
a more equitable distribution of court revenues by ending the diversion
of district court income to various state programs and to local units of government
which bear none of the costs of court operations) and adopts a policy position
to oppose any effort by local units or district courts to persuade the state
legislature to expand the 52nd District Court by reclassifying courts of the
third class to courts of the second class or by transferring geographical
areas from one court jurisdiction to another.
BE IT FURTHER RESOLVED that before Oakland County becomes a control
unit for other district courts, the present 52nd district and other districts
be redrawn so that the population and workload is uniform and so that the
resources will be most effectively utilized.
Mr. Chairperson, on behalf of the General Government Committee, I
move the adoption of the foregoing resolution.
#86117 May 8, 1986
Moved by Skarritt supported by Calandro the resolution be adopted.
Moved by Fortino supported by Aaron the resolution be amended by adding
the following paragraph: "BE IT FURTHER RESOLVED that upon passage of this
resolution, Oakland County agree to contribute a subsidy to all district
courts of Oakland County comparable to subsidies to the 52nd district courts."
Discussion followed.
Moved by Fortino supported by Doyon the resolution be referred back
to the General Government Committee.
Discussion followed.
Vote on referral:
AYES: Aaron, Doyon, Fortino, Hassberger, Law, McDonald, Nelson, Pernick,
Rowland. (9)
NAYS: Caddell, Calandra, Gosling, Hobart, Richard Kuhn, Lanni, McConnell,
McPherson, Moffitt, Page, Rewold, Skarritt, Webb, Wilcox. (14)
A sufficient majority not having voted therefor, the motion to refer the
resolution back to the General Government Committee failed.
Vote on Mrs. Fortino's amendment:
AYES: Doyon, Fortino, Hassberger, Law, McPherson, Page, Pernick, Rowland,
Aaron. (9)
NAYS: Caddell, Calandro, Gosling, Hobart, Richard Kuhn, Lanni, McConnell,
McDonald, Moffitt, Nelson, Rewold, Skarritt, Webb, Wilcox. (14)
A sufficient majority not having voted therefor, the amendment failed.
Moved by McPherson supported by Doyon the resolution be amended in the
NOW THEREFORE BE IT RESOLVED paragraph by deleting "unless the provisions of
Miscellaneous Resolution #85336 are enacted (to effect a more equitable
distribution of court revenues by ending the diversion of district court income
to various state programs and to local units of government which bear none of
the costs of court operations) and adopts a policy position to oppose any effort
by local units or district courts to persuade the state legislature to expand
the 52nd District Court by reclassifying courts of the third class to courts of
the second class or by transferring geographical areas from one court jurisdiction
to another." so the paragraph reads: "NOW THEREFORE BE IT RESOLVED that the
Oakland County Board of Commisssioners does not support the takeover of additional
district courts." Further, to delete the BE IT FURTHER RESOLVED paragraph which
refers to redrawing districts, i.e. "BE IT FURTHER RESOLVED that before Oakland
County becomes a control unit for other district courts, the present 52nd district
and other districts be redrawn so that the population and workload is uniform and
so that the resources will be most effictively utilized."
Discussion followed.
Vote on Mr. McPherson's amendment:
A sufficient majority not having voted therefor, the amendment failed.
Moved by Aaron supported by Fortino the resolution be amended by adding
"It shall be the policy of Oakland County to petition the state legislature
forthwith to remove the County of Oakland as the "District Control Unit" for
the 52nd District Court."
AYES: Doyon, Fortino, Hassberger, Law, McPherson, Pernick, Rowland,
Aaron. (8)
NAYS: Calandro, Gosling, Hobart, Richard Kuhn, Lanni, McConnell, McDonald,
Moffitt, Nelson, Page, Rewold, Skarritt, Webb, Wilcox, Caddell. (15)
A sufficient majority not having voted therefor, the amendment failed.
Moved by Calandro supported by Page the resolution be amended in the
NOW THEREFORE BE IT RESOLVED paragraph, second line, by deleting the words
"does not support" and inserting the word "supports" after "...Oakland County
Board of Commissioners" and in the third line, delete the word "unless" and
insert the word "if".
#86117 (continued) May 8, 1986
A sufficient majority having voted Tthe -refor, the amendment carried.
Moved by Page supported by Fortino the resolution be amended in the
4th WHEREAS by deleting "it appears highly unlikely that and also deleting "will
amend" and insert "has not yet amended" so the paragraph reads: "WHEREAS
the state legislature has not yet amended the district court control statutes
as requested..."
A sufficient majority having voted therefor, the amendment carried.
Moved by Law supported by Fortino the resolution be amended by adding
a BE IT FURTHER RESOLVED paragraph to read: "BE IT FURTHER RESOLVED that the
Oakland County Board of Commissioners recognizes the equity problems facing the
district courts in the county who are not in the 52nd district, and therefore,
the Board agrees to address the equity problems of these courts and come up with
an equity package for the benefit of all of the district courts other than the
52nd District within 12 months."
AYES: Doyon, Fortino, Hassberger, Richard Kuhn, Law, McConnell, McDonald,
Nelson, Page, Pernick, Rowland, Webb, Aaron. (13)
NAYS: Gosling, Hobart, Lanni, McPherson, Moffitt, Rewold, Skarritt, Wilcox,
Caddell, Calandro. (10)
A sufficient majority having voted therefor, the amendment carried.
Moved by Pernick supported by McPherson the resolution be amended by adding
the following paragraphs: 'BE IT FURTHER RESOLVED that the County of Oakland hereby
extends itself to become the control unit for the following district courts: 45A,
45B, 48 and 50.1 BE IT FURTHER RESOLVED that it will consider further additions
to the 52nd District Court in the future."
AYES: Hassberger, Law, Pernick, Rowland, Aaron. (5)
NAYS: Gosling, Hobart, Richard Kuhn, Susan Kuhn, Lanni, McConnell, McDonald,
McPherson, Moffitt, Nelson, Page, Rewold, Skarritt, Webb, Wilcox, Caddell,
Calandro, Fortino. (18)
A sufficient majority not having voted therefor, the amendment failed.
Moved by Page supported by Fortino the Board amend the equity timetable
from twelve months to 120 days and that the County Executive, through the Manage-
ment and Budget Department, work out the details on the package.
A sufficient majority having voted therefor, the amendment carried.
Vote on the resolution, as amended:
AYES: Hassberger, Hobart, Richard Kuhn, Susan Kuhn, Lanni, Law, McConnell,
McDonald, Nelson, Page, Pernick, Rewold, Skarritt, Webb, Wilcox, Caddell, Calandro,
Gosling. (18)
NAYS: McPherson, Moffitt, Rowland, Aaron, Doyon, Fortino. (6)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
1, 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 #86117 adopted by the Oakland County Board of
Commissioners at their meeting held on May 8, 1986
with the orginial 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, 1 have hereunto set my hand and affixed the
seal of said County at Pontiac, Michigan
this 8th day of May 19 86
406 Of ' _
Y.= o:ALLEN -
Counity Clerk/Register of Deeds