HomeMy WebLinkAboutResolutions - 1985.04.18 - 11084April 18th, 1985
Miscellaneous Resolution #__15172___
BY: Public Services Committee - James E. Lanni, Chairperson
IN RE: District Court - County Assumption of Administrative Responsibility
of the 45-B District Court
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
- Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the 45-B District Court is composed of its component municipalities
of Oak Park, Huntington Woods, Pleasant Ridge and Royal Oak Township, is
administered by the City of Oak Park and is a district court of the
third class; and
WHEREAS the County of Oakland administers and is the control unit for
the 52-1, 52-2, 52-3 and 52-4 district courts pursuant to MCLA 600.8123,
MSA 27A.8123; all district courts of the second class; and
WHEREAS the County of Oakland pursuant to Miscellaneous Resolution #8537
(adopted August 24, 1978) accepted control unit responsibilities for the
52-4 District Court (Cities of Clawson and Troy) which had previously been
scheduled to become the 49th District Court; and
WHEREAS the City of Oak Park has by resolution requested the County
of Oakland to become the control unit for the 45-B District Court ; and
WHEREAS the City of Oak Park has prepared (Attachment Bl and B2)
proposed amendments to MCLA 600.8101, et seq; NSA 27A.8101, et seq, to be
introduced at the next session of the Michigan Legislature, which would
eliminate the 45-B District Court, a third-class district court, and add
the same as the 52-5 District Court, a second-class district court, with
the County of Oakland to be the control unit for the court; and
WHEREAS such a legislative change would result in the County of Oakland
assuming fiscal responsibility for the operating expense of said court as
well as administrative responsibility for personnel which would be transferred
to the County of Oakland; and
WHEREAS the unit of government that bears the cost of operation of
these district courts should receive all, or substantially all, of the
revenues generated by such courts.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
supports the introduction of the proposed legislation which would change the
45-B District Court from a third-class district court under the control of
the City of Oak Park to the 52-5 District Court, a district court of the
second class; under the control and administration of the County of Oakland
(Attachments Bl and B2).
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
requests legislative amendments which would direct that all, or substantially
all, of the revenues generated by the district courts, for which the county
is the controlling unit, be retained by the county (Attachment B3).
BE IT _FURTHER RESOLVED that the County of Oakland, upon enactment of
the proposed amendments to MCLA 600.8101, et seq, and the requested
revenue distribution amendments, shall assume fiscal responsibility for
the 52-5 District Court and transfer the personnel from the 45-B District
Court to the County of Oakland.
MR. CHAIRPERSON, on behalf of the Public Services Committee, I move
the adoption of the foregoing resolution.
#8512,0 April 18, 1985
Moved by Lanni supported by Susan Kuhn the resolution be adopted.
The Chairperson referred the resolution to the General Government
Committee. There were no objections.