HomeMy WebLinkAboutResolutions - 1983.12.08 - 11471MISCELLANEOUS RESOLUTION # 83350
December 8, 1983
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: ADDITIONAL APPROPRIATION-LEGAL EXPENSE-JOHN DIGIOVANNI-MISCELLANEOUS
RESOLUTION #81004
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS former Commissioner John DiGlovanni finds it necessary to defend
himself by virtue of his office in a court suit; and
WHEREAS Miscellaneous Resolution #81004 appropriated payment of $5,887.70
for payment of legal fees for said case; and
WHEREAS it was understood that this case was dismissed with prejudice but
has been overturned by the Court of Appeals as being dismissed without prejudice,
thus allowing the plaintiff to refile said claim; and
WHEREAS plaintiff has refiled case in the Macomb County Circuit Court where
it is awaiting trial; and
WHEREAS said trial date is anticipated sometime in the spring of 1984 and
additional attorney fees have been accumulated and amount to $3,803.50 for the
period through July 5, 1983; and
WHEREAS Act No. 508 of the Public Acts of 1978 requires that the Board of
Commissioners shall employ an attorney to represent elected County officers in
court in cases which involve an official act or duty of the Office of the County
official.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves payment to outside counsel hired to represent former Commissioner John
R. DiGiovanni in the amount of $3,803.50.
BE IT FURTHER RESOLVED that the Office of Corporation Counsel be directed to
intervene in said case and recommend future direction to this Board to resolve
this matter and that any further legal fees be brought before this committee for
approval.
BE IT FURTHER RESOLVED that pursuant to Rule XI-C of this Board, the Finance
Committee finds $3,803.50 available in the 1983 Contingency Account for this
purpose and that the Board of Commissioners appropriates $3,803.50 from the 1983
Contingency Account and transfers said funds to the 1983 Board of Commissioners
budget as follows:
990-02-00-9990 Contingency $(3,803.50)
511-01-00-3456 Legal Expense 3,803.50
-0-
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption.
of the foregoing resolution.
FINANCE COMMITTEE
#83350 December 8, 1983
6- I . Miscel Lap.cous Recnliit Net, # 8 3 3 5 0 ado; Board of
8th this day of December 19 83
Moved by Caddell supported by Lanni the resolution be adopted.
AYES: Law, McConnell, McDonald, McPherson, Moffitt, Moore, Nelson, Olsen,
Page, Perinoff, Price, Rewold, Wilcox, Caddell, Calandro, Doyon, Fortino, Gosling,
Hobart, Jackson, R. Kuhn, S. Kuhn, Lanni. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY or OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and having a sea
do hereby certify that I have compared the annexed copy of
Commissioners at their meeting held on December 8, 1983
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
)
- ALLEN
County Clerk/Register of Deeds