HomeMy WebLinkAboutResolutions - 1972.06.15 - 15815REPORT
By Mr. Perinoff
IN RE: DISCLOSURE of ASSETS AND POLITI.CAL FINANCING BY PUBLIC OFFICIALS
RESOLUTION #5969
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
by
Resolution No. 596 9 with the recommendation that 00,0104NNICKAX
haXAOPORIAX no further action be taken by the Board on the resolution.
— Ft-NAN-CS COMMITTEE
Pdexan-de-r- -C.—Perin-oft Ch-ai rman
The Finance Committee,
Alexander C. Perinoff Chairman, reports Miscellaneous
Mcefl oi OUs Reso lutiorl 5969
16, 1 9 72
D1SCL
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HAYWARD WHITLOCK
ASstsTAKT
March 24, 1972 JOHN GRUBBA
ASSISTANT
Robert P. Allen
0,-1LANDColubrry- CxviLCovivsEL
- • OAKLAND COUNTY COURT HOUSE .
1200 NORTH TELEGRAPH ROAD
PONTIAC, MICHIGAN 4E1053
338.4751
ROBERT P. ALLEN ARMAND P. DEATRSCK
ciVIL, COUNSEL ASSISTANT
Finance Committee
Oakland County Board of Commissioners
1200 North Telegraph Road
Pontiac, Michigan 48053
ATTENTION: FRED D. HOUGHTEN, Vice-Chairman
Gentlemen:
You have requested my opinion as to whether Miscellaneous Resolu-
tion No 5969 would be enforceable if adopted by the Oakland County
Board of Commissioners.
The Board of Commissioners operates pursuant to the Constitution
and the Statutes of the State of Michigan. I have reviewed the
Public Acts and the Constitution which authorize and empower the
Board of Commissioners to adopt resolutions. I can find no autho-
rity for the Board of Commissioners to adopt an enforceable
resolution compelling the disclosure of assets as requested by
Miscellaneous Resolution No 5969.
The situation is similar to one that arose in the City of Troy. The
City of Troy adopted a charter amendment compelling the disclosure
of assets of its public officials. It was held that while the amend-
ment to the City Charter was lawfully adopted, the amendment was
utterly unenforceable and there has been no attempt to enforce it
In conclusion, I am of the opinion that Miscellaneous Resolution
No 5969 is a resolution of no force and effect and would not be
enforceable.
Very truly yours,
RPA:ck
REPORT June 15, 1972
Alexander C. Perinoff, Chairman
BY: FINANCE COMMITTEE - Alexander C. Perinoff, Chairman
IN RE: MISC. RES. #5969 - DISCLOSURE OF ASSETS AND POLITICAL
FINANCING BY PUBLIC OFFICIALS
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman, Ladies and Gentlemen:
The Finance Committee reports Miscellaneous Resolution #5969 as follows:
Pursuant to a written legal opinion by County Civil Counsel dated March 24,
1972, no authority can be found either under the Michigan Public Acts or the
Michigan Constitution to adopt an enforceable resolution compelling the disclosure
of assets by County Commissioners as requested by Miscellaneous ResoIution #5969.
Therefore, the Finance Committee recommends that no further action be
taken by the Board in connection with Miscellaneous Resolution #5969.
The Finance Committee, by Alexander C. Perinoff, Chairman, moves the
acceptance of the foregoing report.
FINANCE COMMITTEE
Moved by Perinoff supported by Kasper the report be accepted.
A sufficient majority having voted therefor, the motion carried.