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HomeMy WebLinkAboutResolutions - 1985.05.23 - 11075March 28, 1985 Miscellaneous Resolution # 85111 By: James E. Lanni, County Commissioner, District #11 In re: District Court - Policy Regarding Transfer of District Control Unit To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS there are several local units of government within Oakland County which, due to economic problems, are requesting or considering request- ing the County of Oakland to assume the district control unit function for their particular district court; and WHEREAS the County of Oakland presently serves as the District Court unit for the 52nd District Court which is currently operating at an approximately 1.7 Million Dollar deficit; and WHEREAS the County of Oakland is facing the possible loss of approxi- mately 4 Million Dollars in General Revenue Sharing funds; and WHEREAS the Board of Commissioners has not adopted an official policy regarding the assumption of the district control unit functions for the various district courts. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby establishes a policy prohibiting any Department or Division from engaging in negotiations for the transfer of a district court from any local unit of government without the prior approval of the Board of Commissioners in light of the heavy financial burden which accompanies the assumption of any district court operation. BE IT FURTHER RESOLVED that the Board of Commissioners will not approve negotiations for the transfer of any district court from any local unit of government until such time as a certified resolution from the local govern- mental unit requesting such transfer has been received by the Chairperson of the Board of Commissioners. Mr. Chairperson, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE REPORT May 1985 BY: GENERAL GOVERNMENT COMMITTEE- John E. Olsen, Chairperson RE: Miscellaneous Resolution #8511I, District Court- Policy Regarding Transfer of District Control Unit TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #851I1, reports with the reco- mendation that the resolution be adopted with the following substitute NOW THEREFORE BE IT RESOLVED paragraph, "that the Oakland County Board of Commissioners hereby requests that before any department of division engages in negotiations for the transfer of a district court from any local unit of government, that the Public Services Committee of the Oakland County Board of Commissioners be advised and be allowed to be part of those negotiations." Mr. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE #85111 May 23, 1985 Moved by Olsen supported by Nelson the report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Olsen supported by Nelson the resolution be adopted. Moved by Moffitt supported by Nelson the resolution be amended as recommended in the -General Government Committee report. Moved by Doyon supported by Webb the amendment be amended after "Oakland County Board of Commissioners be advised" by adding "as well as the Commissioner(s) from the respective district)s) involved," so the amended paragraph would read: "NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby requests that before any department or division engages in negotiations for the transfer of a district court from any local unit of government, that the Public Services Committee of the Oakland County Board of Commissioners be advised, as well as the Commissioner(s)from the respective district(s) involved, and be allowed to be part of those negotiations." A sufficient majority having voted therefor, the amendment to the amendment carried. Vote on Mr. Olsen's amendment as amended: A sufficient majority having voted therefor, the amendment, as amended carried. Moved by Moffitt supported by Nelson the amended resolution be amended in the final paragraph (3rd line) after "certified resolution from" by deleting the word "the" and insert "each" local governmental units...; and also, on the fourth line of the last paragraph strike the words "requesting such transfer" and add "in the Court Control District". Also add the word'affirmative'before "certified" so the paragraph would read: BE IT FURTHER RESOLVED that the Board of Commissioners will not approve negotiations for the transfer of any district court from any local unit of government until such time as an affirmative certified resolution from each local governmental unit in the court control district, has been received by the Chairperson of the Board of Commissioners. Discussion followed. Vote on amendment: AYES: Nelson, Page, Perinoff, Skarritt, Webb, Calandro, Doyon, Gosling, Hobart, Lanni, McConnell, McPherson, Moffitt. (13) NAYS: Olsen, Pernick, Price, Rewold, Wilcox, Aaron, Caddell, Fortino, Hassberger, R. Kuhn, S. Kuhn, Law, McDonald, Moore. (14) A sufficient majority not having voted therefor, the amendment failed. Discussion followed. Moved by Calandro supported by Law the resolution be amended by inserting an additional paragraph before the NOW THEREFORE BE IT RESOLVED paragraph to read: "WHEREAS adoption of this resolution does not constitute the establishment of a policy favoring the transfer of any new courts, but does outline the basic requirements to be met for consideration." A sufficient majority having voted therefor .; the amendment carried. Moved by Page supported by Moore the resolution be laid on the table. AYES: Page, Pernick, Price, Rewold, Skarritt, Webb, Aaron, Fortino, Gosling, Hassberger, S. Kuhn, McConnell, Moffitt, Moore. (14) NAYS: Olsen, Wilcox, Caddell, Calandra, Doyon, Hobart, R. Kuhn, Lanni, Law, McDonald, McPherson, Nelson. (12) A sufficient majority having voted therefor, the motion carried and the resolution was laid on the table.