HomeMy WebLinkAboutResolutions - 1975.02.06 - 14563Febru, 6, 1975
MISC. RES. 6979
BY: Fred D. Houghton, Lawrence Pernick, Robert Page
IN RE: Ratification of 7 Southeast Michigan Counties' Resolution Regarding
Maintenance of Separation of Court and Board of Commissioners Powers
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman; Ladies and Gentlemen:
' • --''-.-WHEREAS THE WISDOM OF THE CONCEPT OF
SEPARATION OF POWERS HAS STOOD THE TEST OF TIME
AND PLJBLIC ACCEPTANCE, RECOGNIZING AS IT DOES
THAT A SYSWM OF CHFCKs AND RALANCP'S !Sy. cRSr7 NT!
AN A DEMOCRATIC SOCIETY: AND /
- WHEREAS WE APPROACH THE BICENTENNIAL OF
THIS CONCEPT AT A TIME WHEN IT IS UNDER ATTACK
BY THE COURTS OF MICHIGAN WHO ASSERT THAT THEY
HAVE "INHERENT POWER" OVER THE EXECUTIVE AND
LEGISLATIVE BRANCHES OF GOVERNMENT: AND,
WdEREAS THE PEOPLE OF THE STATE OF MICHIG
HAVE CONSTITUTIONALLY MANDATED THAT THE FUNCTION
AND RESPONSIBILITY FOR PROVIDING COuNTY GOVERN-
ME.0 SERVICES LIES SOLELY WITH COUNTY BOARDS OF
COMMISSIONERS WHO ARE THE ELECTED REPRESENTATIVE
OF THE PEOPLE: OD,
WHEREAS THE MICHIGAN SUPREME COURT IN THE
CASE OF CIRCUIT JUDGE MAHINSKI LIyINGSTON
COUNTY BOARD OF COMMISSIONERS DROPOUpED THT.,D0-
JTRINE OF THE COURTS "LNHE .RET POWER" 70 APPOP-
UATE FUNDS WITHOUT THE APPROVAL OR LNVOLVEMENT
)F THE COUNTY BOARD OF COMMI-SSIONERS: AND ./ - , - WHEREAS THIS DECISION HAS BLURRED IF _NOT .;_ • 3ESTROYED THE SEPARATION QF POWU DOCTRINE THUS
:NSURING THAT GRAVEANDTR:REAOH:IN.G -,PERSONNEL,
:OUNTY GOVERNMENT TO THE DURIMEXT OF JHE PUBLIC
"AXPAYER: AND,
• . WHEREAS THE TOWER TO SPEND HAS UNTIL THIS
ECIS JON 3 7 FN LINKED TO THE POWER TO TAX THUS
INANCIAL AND LABORREL4t108--POUti‘?18' W:TELBESE
Hobghten, ChIr
rnissioner District #20
Robert W. Page, Commissioner Disact #13
avPrence R. Pernick, Co
Y APPROVE THE ,FOREGOING RESOLUTION
NVW
C-7;
- "
ENSURING PUBLIC ACCOUNTABILITY OF ELEOTEL
OFFICIALS: AND,
NOW THEREFOR': Br-- IT R ,7501V 7 0 BY
COUNTIES OF LIViNGSTO, ;i1AUB, MONR0r,OA1LM''
ST I CLAIR, WASUENAW AND WAYV7 AS FOLLOWS:
• I.THAT LEGISLATION RESTORING TO COUNTY
BOARDS OF COMMISSIONERS THE AUTHORITY
• TO BARGAIN AND NEGOTIATE WITH ALL
COUNTY EMPLOYEES, INCLUDING COURT
PERSONNEL, BE ENACTED BY THE STATE
• LEGISLATURE FORTHWITH,
.2. THAT THE LEGISLATURE SUBMIT
CONSTITUTIONAL AMENDMENT TO THE PEOPLE
OF THE STATE OF MICHIGAN AT THE EARLIEST
POSSIBLE TIME TO LIMIT THE AUTHORITY
OF THE COURTS TO ORDER LEGISLATIVE
BODIES TO APPROPRIATE: PUBLIC FUNDS
UNDER THREAT OF IMPR!SONME-NT OR OTHER
COURT SANCTIONS
MR. CHAIRMAN., I MOVE THE ADOPTION OF THE FOREGOING
RESOLUTION,
OAKLAND COUNTY BOARD 0,E7 COMMISSIONERS
#6979
Moved by Houghten supported by Roth the resolution be adopted.
Moved by Houghten supported by Gabler the rules be suspended for immediate
consideration of the resolution.
Discussion followed.
AYES: Moffitt, Montante, Nowak, Page, Patterson, Perinoff, Pernick, Price,
Roth, Wilcox, Wilson, Button, Dearborn, Dunleavy, Fortino, Gabler, Houghten, Lennon. (18)
NAYS: McDonald, Aaron, Daly, Hoot, Kasper. (5)
A sufficient majority having voted therefor, the motion carried.
Moved by Dearborn supported by Button the resolution be referred to the
committee and it be an agenda item at our next meeting.
Discussion followed.
The Vice Chairman referred the resolution to the General Government Committee.
Vote on referral:
AYES: Montante, Price, Wilson, Aaron, Button, Dearborn, Gabler, Hoot,
Kasper, McDonald, (10)
NAYS: Moffitt, Nowak, Page, Patterson, Perinoff, Pernick, Roth, Wilcox,
Daly, Dunleavy, Fortino, Houghten, Lennon. (13)
A sufficient majority not having voted therefor, the motion failed.
Discussion followed.
Moved by Page supported by Pernick the resolution be amended in Paragraph 1
to substitute for the word "restoring" the phrase that "Legislation re-affirming
the authority of County Boards of Commissioners and to restore that authority where
it has been diluted to bargain and negotiate with all County Employees". In Paragraph
2 to place a period after the words "Public Funds".
Moved by Perinoff supported by Daly that we reconsider the resolution
on referring it to a committee.
AYES: Nowak, Perinoff, Price, Wilson, Aaron, Button, Daly, Dearborn, Hoot,
Kasper, McDonald. (11)
NAYS: Montante, Page, Patterson, Pernick, Roth, Wilson, Dunleavy, Fortino,
Gabler, Houghten, Lennon, Moffitt. (12)
A sufficient majority not having voted therefor, the motion failed.
Discussion followed.
Moved by Houghten supported by Fortino the amendment be amended that,
"Legislation re-affirming and restoring to County Boards of Commissioners".
Dr. Montante moved the previous question. Seconded by Mr. Nowak,
The Vice Chairman stated that those in favor of calling the previous question,
say "aye" and those opposed, say "no".
A sufficient majority having voted therefor, the motion carried.
Vote on amendment to the amendment:
AYES: Montante, Nowak, Page, Patterson, Perinoff, Pernick, Roth, Wilcox,
Daly, Dearborn, Dunleavy, Fortino, Gabler, Hoot, Houghten, Lennon, Moffitt. (17)
NAYS: Price, Wilson, Aaron, Button, Kasper, McDonald. (6)
A sufficient majority having voted therefor, the amendment carried.
Vote on amendment, as amended:
AYES: Page, Patterson, Perinoff, Pernick, Roth, Wilcox, Daly, Dearborn,
Dunleavy. Fortino, Gabler, Hoot, Houghten, Lennon, Moffitt, Montante, Nowak, (17)
NAYS: Price, Wilson, Aaron, Button, Kasper, McDonald. (6)
A sufficient majority having voted therefor, the amendment carried.
#6979
Moved by Wilcox supported by Lennon the amendment be amended on Page 2
second paragraph to read, "NOW THEREFORE BE IT RESOLVED by Oakland County a5 follows:"
A sufficient majority having voted therefor, the motion carried.
Vote on main motion, as amended:
A sufficient majority having voted therefor, the resolution as amended
was adopted.
Mr. Kasper voted
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 anneed copy of
Resolution #6979 adopted by the Oakland County NN.d.9f.c9TTI$sigrAc A.0.0410P ,POISVP•900.‘vals.00 06•40 0,04.W.O.V.69,..49.011e •
at their meeting held on February 1975
e6m6.6.6460.6.66 00000 ••••••6.66•6666.“ 6I Asse0•617066.6.6 66 6.6.66066,660 .9060 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
7th February 19 .75. this aaaaa t.4.00.POR.,.164.,day ofpoPOPOpyBP-OOPP.0 p •
Lynn D. Allen........ ...... ........Clerk
By..... ............... ............ Deputy Clerk