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HomeMy WebLinkAboutResolutions - 1974.12.19 - 15038December 19, 1974 RESOLUTION NO. RE: COUNTY EXECUTIVE ORGANIZATIONAL STRUCTURE BY: COMMITTEE ON ORGANIZATION TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS MR. CHAIRMAN, LADIES AND GENTLEMEN: WHEREAS, the County of Oakland is operating pursuant to the provisions of Act 139 of the Public Acts of 1973, as amended, which Act provides for the Optional Unified Form of County Govern- ment; and WHEREAS, the Electors of the County of Oakland selected Option B of said Act for an Elected County Executive; and WHEREAS, said Act 139 provides that the Board of Commis- sioners may establish one or more departments of the County; and WHEREAS, the County Executive has recommended to the Oak- land County Board of Commissioners that, pursuant to the provisions of said Act 139, the County Executive Organizational Structure be in accordance with the attached organizational chart. NOW THEREFORE BE IT RESOLVED that pursuant to the provisions of Act 139 of the Public Acts of 1973, as amended, the Oakland County Board of Commissioners hereby establishes the County Executive Organizational structure in accordance with the Organizational Chart attached hereto and made a part hereof. BE IT FURTHER RESOLVED that the powers and authorities vested in the Oakland County Board of Commissioners shall not be minimized or divested in any manner by any of the provisions of this resolution. The Committee on Organization, by Mr. Wilbur V. Brotherton, Chairman, moves the adoption of the foregoing resolution. COMMITTEE ON ORGANIZATION 6931 -vioa: Chairman LEGAL COUNSEL (Assigned From Civil Counsel) ADMINISTRATIVE ASSISTANTS COUNTY DEPARTMENTS MANAGEMENT AND BUDGET PLANNING AND PHYSICAL DEVELOPMENT PERSONNEL HUMAN SERVICES PUBLIC SERVICES Deputy COUNTY EXECUTIVE ORGANIZATIONAL CHART COUNTY EXECUTIVE ------ [ .. , • FEDERAL AID COORDINATOR • AUDIT SPECIAL PROJECTS PUB LI C INFORMATION OFFICER MINORITIES DEPUTY CENTRAL SERVICES Security Probation Property Management Computer Services Facilities & Operations Friend-Court Alimony Reimbursement Budget Accounting Purchasing Equalization Public Works Parks & Recreation Planning Airport Health Hospital Children's Instil. Mental Health Human Services Agency Manpower Veterans Affairs Library Cooperative Extension Disaster Control Emergency Medical Service Animal Welfare Law Enforcement Assistance Administration Misc. #6931 . Moved by Moffitt supported by Kasper the resolution be adoOted. AYES: Hoot, Houghten, Kasper 7- 'The.Chairman cancelled the roll call.- Discussion followed. Moved by Gabler supported by Hobart the resolution be amended to read: "To provide for tt.le appointment of Staff pursuant tO this Act 139 and include Staff to evaluate for theBoard of Commissioners, on a regular basis, the performance . and functions and the effectiveness of the _Programs assignad.to the-various County departments and the efficiency and'economy of the administration of County departMents. Said funds will be transferred from the contingency fund." Discuss Lon followed. Vote On the amendment: AYES:. Hoot, Houghten, Kasper-, _Lennon, Mathews, Moffitt, Montante, Nowak, Olson, Quinn, Vogt,- Wilcox, Berman, Douglas, Gabler, Hobart. (16) NAYS: Perinoff, Pernic,walker. (3). A sufficient majority having voted therefor,- Ole motion carried. Discussion followed. Kr. Nowak stated that he had received a -written opinion from Robert P. Allen, Oakland County Civil Counsel relative to this resolution (letter attached) and .ask that it be made a part of these proceedings. There were no objections. • Mr. .Pernick asked that :Daniei.T. Murphy, County Executive be allowed to address the Board. There were no objections. Mr. Murphy addressed the Board. •Discussion followed. • Vote on resolution-, as amended: AYES: Houghten„ Kasper, Lennon, Mathews, Moffitt, Montante, Nowak, Olson, Quinn, Vogt, Wiltex-, Berman -, Douglas, Gabler, Hobart, Hoot. (16) NAYS: Perihoff, Pernick, Walker. (3) • A sufficient majpritylhaving voted therefor, the resolution, as amended, 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 ' Resolution #6931 adopted by the Oakland County Board of Commissioners 000Oamee0abwodOw.,P.oesweeesimese*moseadrsam..sooe.Oops.moomeroomoso.peeenoee at their meeting held on December 19, 1974 9999,999999 -94090 e•Omemeevogtes-1199-91.9.30-901.0.11Thea.9996,299.990,119990•094.90992,99900 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 of.,.c.,..197 t. 4 Lynn D. Allen.. ................,,.Clerk By .. 090 904 990 99 9009099909gaseppeptity Clerk ROBERT P. ALLEN CIVIL COUNSEL JACK C. HAYS ASSISTANT ROBERT H. FREDERICKS II ASSISTANT DONALD F. SLAVIN ASSISTANT Oakland County Civil Counsel OAKLAND COUNTY COURT HC:)USL 1290 NORTH TELEGRAPH ROAD PONT! AC MICHIGAN 45053 S58-0550 December 18, 1974 Mr. Patrick M. Nowak Oakland County Commissioner Commissioners Auditorium 1200 North Telegraph Road Pontiac, Michigan 48053 Dear Mr. Nowak: You have requested my opinion as to whether a public hearing must be held prior to the County creating new departments pursuant to the provisions of Act 139 of the Public Acts of 1973, as amended. have reviewed the provisions of Act 139 and can find no require- ments that prior to creating new departments a public hearing must be held. In reaching this conclusion, I am not unaware of the language found in Section 14(a) of said Act 139 which says that the County Board of Commissioners may: "Consolidate departments completely or in part or may transfer a function from 1 department to another upon the affirmative recommendation of the county manager or elected county executive and following a public •earing." A reading of Section 14(a) indicates that two or more departments are in existence because Section 14(a) refers to the consolidation of departments in whole or in part or the transferring of a function from one department to another. Obviously, if a new department is to be created or in the instance of the County Executive's Organiza- tional Structure (six new departments), Section 14(a) does not apply. Section 14(b) provides that the Board of Commissioners may create additional departments and makes no mention of a public hearing. Section 13 of said Act 139, likewise, discusses the creation of departments and again makes no mention of nor requires a public hearing. Very truly yours, RPA:ck Robert P. Allen