HomeMy WebLinkAboutResolutions - 1976.09.16 - 14376IC SERvlq45. -COMNUTTEE
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Hubert i'ric;e, Jr., Cna:Irta—n
MISCELLANEOUS RESOLUTION September 2, 1976
RE I ORGANIZED CRIME STRIKE FORCE
B\11 PUBLIC SERVICES COMMITTEE - Hubert Price, Jr., Chairman
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr; Chairman, Ladies and Gentlemen:
WHEREAS, the Oakland County Prosecutor has presented a proposal for the
need of a focally funded Organized Crime Strike Force based on the fact that the
State Attorney General's Office affirms that organized crime exists in Oakland
County; that it is difficult for local police agencies to address the organized crime
problem on a coordinated basis; and that there are no federal funds available for such
a Strike Force; and
WHEREAS, the Prosecutor has requested the initial establishment of such a
focally funded Strike Force, whose basic staffing would consist of two vacant Economic
Crimes Division positions converted to two Prosecutor Investigator positions, five
additional Prosecutor Investigator positions, two Senior Trial Lawyers and a commitment
for et least four investigators from the Michigan State Police; and,
WHEREAS ; the Public Services Committee recognizes the need For organized
crime investigation in this County and approves the concept of the establishment of
such an Organized Crime Strike Force; and,
WHEREAS, your Committee recommends that prior to implementation of such
a program, the Prosecutor's proposal should be carefully reviewed by the Personnel
and Finance Committees;
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby approves the concept of establishing a locally funded
Organized Crime Strike Force; and,
BE IT FURTHER RESOLVED that prior to the implementation of an Organized
Crime Task Force , the Prosecutor's proposal for same be reviewed by the Personnel
and Finance Committees of the Oakland County Board of Commissioners.
The Public Services Committee, by Hubert Price, Jr., Chairman, moves the
adoption of the foregoing resolution;
#7676 September 16, 1976
Moved by Dunleavy supported by Olson that resolution #7676 be
adopted.
Moved by Pernick supported by Roth the resolution be amended by adding:
"BE IT FURTHER RESOLVED that the direction of the address on conspiratorial
crime in Oakland County will come from a five-member Board of Directors,
representing the Michigan State Police, the Oakland County Sheriff's Department,
the Oakland County Prosecutor and two members representing the Oakland County
Police Chiefs."
Discussion followed.
Mr. Nowak requested that Attorney General Frank Kelly's opinion dated
June 10, 1976 (Opinion #5046) be made a part of the minutes.
"Although Assistant Prosecuting Attorneys are not designated as Deputies
of the Prosecuting Attorney, it has been held that the Board of Commissioners
merely has budgetary control over the selection of the employees of the Prosecuting
Attorney. It was held that the Board of Commissioners has power to determine the
number of Assistant Prosecuting Attorneys which may be employed by the Prosecuting
Attorney. However, the Board has no selection or appointment power with respect
to such assistants. Similarly, it was held that the Board of Commissioners must
authorize the positions of Investigator for the Prosecuting Attorney.
The Board has no function, however, beyond the authorization of the
position. The selection is made solely by the Prosecuting Attorney. Thus, based
on the above analysis, the Board of Commissioners has no control over the selection
of elected officials. The only power the County Commissioners have with respect to
personnel of elected officials is budgetary powers. That is, the Board may designate
the number of employees which an elected official may hire and the salaries of such
employees."
Discussion followed.
Mr. Olson requested L. Brooks Patterson, Prosecuting Attorney, be allowed
to address the Board. There were no objections.
Mr. Patterson addressed the Board.
Vote on amendment:
AYES: Pernick, Roth, Aaron, Daly, Dearborn, Douglas, Fortino, Lennon,
Perinoff. (9)
NAYS: Simmons, Wilcox, Wilson, Button, Dunleavy, Gabler, Hoot, Houghten,
Kasper, McDonald, Moffitt, Montante, Murphy, Nowak, Olson, Page, Patterson. (17)
A sufficient majority not having voted therefor, the motion failed.
Mr. Dunleavy moved the previous question. Mr. Murphy seconded the motion.
The Chairman stated those in favor of ordering the previous question say 'aye' and
those opposed say 'No'. The vote was as follows:
AYES: Wilcox, Aaron, Dunleavy, Gabler, Hoot, Houghten, Kasper, McDonald,
Moffitt, Montante, Murphy, Nowak, Page, Patterson. (14)
NAYS: Roth, Simmons, Wilson, Button, Daly, Dearborn, Douglas, Fortino,
Lennon, Olson, Perinoff, Pernick. (12)
A sufficient majority having voted therefor, the previous question was
ordered.
Vote on resolution:
AYES: Simmons, Wilcox, Wilson, Aaron, Daly, Dearborn, Douglas, Dunleavy, Fortino
Gabler, Hoot, Houghten, Kasper, Lennon, McDonald, Moffitt, Montante, Murphy, Nowak,
Page, Patterson, Perinoff, Pernick. (23)
NAYS: Button, Roth. (2)
PASS: Olson. (1)
A sufficient majority having voted therefor, resolution #7676 was adopted.