HomeMy WebLinkAboutResolutions - 1977.10.11 - 13339October 11, 1977
Miscellaneous Resolution No 88
By: Robert W. Page, County Commissioner, District /11 13
In Re: Support of Substitute House Bill 4075
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman, Ladies and Gentlemen:
WHEREAS, Substitute for House Bill 4075 mandates the conversion of 18 of the
remaining statewide municipal courts to district courts including those in Clawson and Troy; and
WHEREAS, this bill as it passed the House of Representatives June 28, 1977, specified
that, the Clawson and Troy Municipal Courts would be lamed together as the 49th District Court,
a district of the third class; and
WHEREAS, prior to the passage of Substitute for House Bill 4075 in the Senate an
amendment was adopted to move the Clawson and Troy Courts from the 49th District to the
county-controlled 52nd District Court or the fourth division; and
WHEREAS, increased efficiency and an improved process of iustice will result with
the movement of the 49th District to the 52nd District withouf any cost disadvantage.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
supports the Senate amendment svvit eking the 49th District Court to the fourth division of the 52nd
district,
BE IT FURTHER RESOLVED that the County Clerk be directed to forward copies of this
resolution to Oakland County's state legislators and the County's Legislative Agent.
MR. CHAIRMAN, I move the adoption of the foregoing resolution.
#8188 October 11, 1977
Moved by Lanni supported by Page the resolution be adopted.
Discussion followed.
Moved by Daly supported by Pernick the resolution be referred to the Finance
Committee.
Discussion followed.
Mrs. Simson stated in the second WHEREAS paragraph, the last line should
read "second class" instead of "third class".
Discussion followed.
Vote on referral:
AYES: Fortino, Kasper, Kelly, Olson, Pernick, Price, Simson, Aaron, Daly,
DiGiovanni, Doyon. (11)
NAYS: Gabler, Gorsline, Hoot, Lanni, McConnell, McDonald, Moffitt,
Montante, Moxley, Murphy, Page, Patterson, Peterson, Wilcox. (14)
A sufficient majority not having voted therefor, the motion failed.
Moved by Pernick supported by Fortino the resolution be amended by adding
"BE IT FURTHER RESOLVED that the county Board of Commissioners hereby adopts the
policy of taking over all district courts in Oakland County, if the involved
communities request such a takeover through appropriate resolutions".
Moved by Murphy supported by Moxley the amendment be amended to add "provided
that those affected communities accept our pertinent budget and personnel policy".
The Chairman ruled the amendment in the 2nd degree is a defacto situation if
the first amendment is adopted, so therefor it is out of order.
Mr. Page moved the previous question. Mr. Moxley seconded the motion. The
Chairman stated those in favor of calling the question say "yes" and those opposed
say "no". The vote was as follows:
AYES: Gabler, Gorsline, Hoot, Kasper, Kelly, McConnell, McDonald, Moffitt,
Montante, Moxley, Murphy, Page, Patterson, Peterson, Simson. (15)
NAYS: Lanni, Olson, Pernick, Price, Wilcox, Aaron, Daly, DiGiovanni, Doyon,
Fortino. (10)
A sufficient majority having voted therefor, the motion carried.
Discussion followed.
Moved by Aaron supported by Daly the resolution be referred to the Finance
Committee.
The Chairman ruled the motion out of order.
Vote on Mr. Pernick's amendment:
AYES: Hoot, Kelly, Olson, Pernick, Price, Simson, Aaron, Daly, DiGiovanni,
Doyon, Fortino, Gabler. (12)
NAYS: Gorsline, Kasper, Lanni, McConnell, McDonald, Moffitt, Montante,
Moxley, Murphy, Page, Patterson, Peterson, Wilcox. (13)
A sufficient majority not having voted therefor, the motion failed.
Moved by Daly supported by Pernick the resolution be referred to the
General Government Committee.
AYES: Olson, Pernick, Price, Simson, Aaron, Daly, Doyon, Fortino. (8)
NAYS: Hoot, Kasper, Kelly, Lanni, McConnell, McDonald, Moffitt, Montante,
Moxley, Murphy, Page, Patterson, Peterson, Wilcox, DiGiovanni, Gabler, Gorsline. (17)
A sufficient majority not having voted therefor, the motion failed.
#8I88 (page #2) October 11, 1977
Vote on resolution:
AYES: Kasper, Lanni, McConnell, McDonald, Moffitt, Mortante, Moxley, Murphy,
Olson, Page, Patterson, Peterson, Wilcox, Gabler, Gorsline, Hoot. (16)
NAYS: Kelly, Pernick, Price, Simson, Aaron, Daly, DiGiovanni, Doyon, Fortino.
(9)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
T, Lynn D. Allen, Clerk of the County of Oakland and
having a seal, do hereby certify that I have compared the annexed copy of
Resolution #8188 adopted by the Oakland County Board of Commissioners • ........... 01.•6•1,P6•6164 e•O00.3•0•PD•••15 ••••••••••••n ••sm ......... •••••
• at their meeting held on October 11 % 1977 fil•••••••.•••••••nn ••••17••••••••“•••••••n ••*••••••••••. ........... p ........
with the original 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........t.11. ...... ,..day October
Lynn D. Allen„......„ ...Clerk
By ....... ..........................Deputy Clerk