HomeMy WebLinkAboutResolutions - 1982.03.31 - 13750March 18th 1 1982
Miscellaneous Resolution # 820E7
By General Government Committee - Wallace F. Gabler, Jr„, Chairperson
In re: Request for Declaratory Judgment
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr, Chairperson, Ladies and Gentlemen7
WHEREAS the Office of Civil Counsel for the County of Oakland
is presently vacant; and
WHEREAS Public Act 15 of 1941, as amended, provides that the
Board of Commissioners make the appointment of Civil Counsel; and
WHEREAS the County Executive believes that Act 139 of Public
Act 197 of 1973 suporcedes Act 15 of the Public Acts of 1941 , as ol-crick
NOW THEREFORE BE IT RESOLVED that the Oakland County Board
of Commissioners hereby seek a declaratory judgment wherein the County Board of
Commissioners would have the right to appoint Civil Counsel under Act 15 of the
Public Acts of 1941, as amended.
BE IT FURTHER RESOLVED that the Board of Commissioners through
its Chairperson shall designate private counsel to represent the County Board of
Commissioners and hereby authorizes the County Executive to obtain private counsel
if he wishes to contest the lawsuit,
BE IT FURTHER RESOLVED that all private counsel will be obtained
pursuant to the County's policy on such matters as established by Miscellaneous
Resolution #8082, and that in its financial consideration of this matter, the
Finance Committee be requested to specifically limit the amount of monies
available on an equitable basis.
MR. CHAIRPERSON, on behalf of the General Government
Committee, I move the adoption of the foregoing resolution,
GENERAL GOVERNMENT COMMITTEE
FISCAL NOTE
BY: FINANCE COMMITTEE, G. WILLIAM CADDELL, CHAIRPERSON
IN RE: MISCELLANEOUS RESOLUTION #82-067 - REQUEST FOR DECLARATORY JUD"'=FMFT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS •
Mr. Chairperson, ladies and Gentlemen:
Pursuant to Rule XI-C of this Board the Finance Committee has reviewed
Miscellaneous Resolution 482-087 and finds:
1) That the amount of $2,500 each be allocated to the Board
of Commissioners and the County Executive to obtain outside
legal counsel in accordance with Miscellaneous Resolution #8082-
Legal Counsel for County of Oakland in the event a lawsuit is
initiated by either party involving said Declaratory Judgement.
2) That in the event either party exceeds said allocation, the
party shall be required to come back before this Committee re-
questing additional funding.
3) That $5,000 is available in the 1982 Contingency Account for said
purpose.
4) That the Board of Commissioners appropriates $5,000 from the 1982
Contingency Account and transfers said amount as follows:
111-01-00-2128 Professional Services
511-01-00-2128 Professional Services
990-02-00-9990 Contingency
$2,500
2,500
(5,„,000)
-0-
t „.;.' FINANCE COMMITTEE
COMMITTEE VOTE:
7n7',o-tion carr'Q r-a/=-1-a—roll ca U vote with Caddell, Hobart, Moffitt, Lanni
and Pernick vatino No.
#82067 April 1, 1982
1 st, day of 19 82
1Y.11111.4L_ALLEN
Couril_y Clerk/Register of Deeds
Moved by Gabler supported by Cagney the resolution be adopted.
Discussion followed.
AYES: Hobart, Jackson, Kasper, Lanni, McDonald, Olsen, Page, Patterson,
Peterson, Whitlock, Wilcox, Aaron, Caddell, Cagney, Calandro, Gabler, Geary,
Gosling. (18)
NAYS: Moore, Perinoff, Pernick, Price, DiGiovanni, ,Doyon, Fortino. (7)
A sufficient majority having voted therefor, the resolution 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 #82067 adopted by the Oakland County Board of Commissioners
at their meeting held on Aprti 1, 1982
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