HomeMy WebLinkAboutResolutions - 1985.12.12 - 11296November 7, 1985
.'isce'laneous Resolution r 85336
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By: Ilohert -V. Page, County Commissioner, District 1I3
Nancy McConnell, County Comrssioner, District (23
ln re: District Court - Equitable Allocation of District CourtRevenues
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and C4entlemen:
WHEREAS the net cost of operating the various district courts is
becoming an ever-increasing financial burden for the counties or local units
of government designated as the district court control units; and
WHEREAS , at present, portions of the reven ues generated by the
district courts are allocated to public libraries, local units of government
which are not designated as district court control units, and the State of
- Michigan to defray the expense of certain state -programs; and
...WHEREAS the state court of appeals decision in the case of Saginaw •
Public Libraries versus The Judges of the 70th.Distriv- --Court has added
considerable•confusion - to the process of determining penal-fines Versus
court .costs and, as _a consequence of this decision, the calculation of penal
. 'fines has been left to the discretion of the judiciary thus, in some ,cases,
• diverting additional revenues to the public libraries; and
WHEREAS these revenue diversions increase the annual net deficit-in---
the various district court operations which must be born by the designated
. CO= control units-
NOV TE---REFORE BE IT RESOLVED that the Oakland County Board of
Commissioners -,supports legislative amendments to existing statutes which -
I t-
would:
1) allocate to the district courr control units, whiCh bear the .
net costs of the court operations, all of the revenues currently
distributed tO county, and/or local units of government;
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2) allocate to the district courtcontrol units all of the fines
. and costs currently being diverted to the State of Michigan to
defray the expenses of state _operated programs; -
'3) clearly define by statute the method of calculating penal fines
which are due to the public libraries versus court costs..
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BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
directs its legislative agent and other support staff to- work with state
senators and representatives from Oakland County to have-appropriate legislation
- drafted and introduced:
Cai-:7 1"-"RSON., we move-z,-he adoption of the fore-going zesolutiun.
December 5, 1985
REPORT
By:
In re:
Finance Committee, D. G. William Caddell, Chairperson
Miscellaneous Resolution #85336, District Court -
Equitable Allocation of District Court Revenues
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed Misc. Res. #85336,
report with the recommendation that said resolution be adopted
with the amendment recommended by the General Government Committee.
Mr. Chairperson, on behalf of the Finance Committee, I move
the acceptance of the foregoing report.
FINANCE COMMITTEE
REPORT December 2, 1985
BY: GENERAL GOVERNMENT COMMITTEE-John E. Olsen, Chairperson
RE: Miscellaneous Resolution #85336, District Court-
Equitable Allocation of District Court Revenues
TO THE FINANCE COMMITTEE
Mr. Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed Miscella-
neous Resolution #85336,District Court-Equitable Allocation of
District Court Revenues, reports with the recommendation that the
resolution be adopted with the following amendment: in the NOW
THEREFORE BE IT RESOLVED paragraph, add at the end of #3, "by
using the methodology employed by the Oakland County Department of
Management and Budget in their analysis of June 4, 1984."
The General Government Committee further recommends that the
Oakland County Department of Management and Budget prepare and
attach a written description of their methodology.
Mr. Chairperson, on behalf of the General Government
Committee, I move the acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
12th day o Dec-nPe raw 19 85
ALLEN
Clerk/Register of Deeds Coun
#85336 December 12, 1985
Moved by Caddell supported by McPherson the Finance Committee Report be accepted.
A sufficient majority having voted therefor, the report was actepted.
Moved by Caddell supported by Susan Kuhn the resolution be adopted.
Moved by Caddell supported by Skarritt the General Government Report be
accepted.
A sufficient majority having voted therefor, the repOrt was accepted.
Moved by Caddell supported by Perinoff the resolution be amended by adding:
"BE IT FURTHER RESOLVED that the proposed legislative amendments incorporate
a formula allocation substantiated by a cost analysis- similar to the one prepared by
the Oakland County Department of Management and Budget which determines the personnel
costs based on the percentage of time spent on statutory cases, along with related
operating costs, and then divides the total allowable costs by total Statutory Revenue."
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution as amended:
AYES: Caddell, Calandro, Doyon, Fortino, Gosling,. Hobart, R. Kuhn, S. Kuhn,
Lanni, Law, McConnell, McDonald, McPherson, Moffitt, Moore, Nelson, Olsen, Page, Perinoff,
Pernick, Skarritt, Webb, Wilcox. (23)
NAYS: Aaron, Price. (2)
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 I have compared the annexed copy of
Miscellaneous Resolution adopted by the Oakland County Board of Commissioners
at their meeting held on December 12, 1985.
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, 'I have hereunto set my hand and affixed the
seal of said County at Pontiac, Michigan
this