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Miscellaneous Resolution # 84032 February 23, 1984
BY: GENERAL GOVERNMENT COMMITTEE-John E. Olsen, Chairperson
RE: OPPOSITION TO HOUSE BILLS 5128 & 5129, Community Placement Costs
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, in 1977 the State Department of Mental Health began
establishing community placement homes for mentally impaired dad develop-
mentally disabled residents with little or no notification to county governing
bodies, thereby prohibiting proper consideration and inclusion in the county
budget process; and
WHEREAS, the State Department of Mental Health now claims that county
governments have a retroactive liability for a share of the costs of these
services, based upon the matching funds requirements of the Mental Health
Code; and
WHEREAS, this action of the State Department of Mental Health is
contrary to the provision of the Uniform Budget Act which prohibits county
governments from adopting deficit budgets and requires strict adherence to
the appropriations process; and
WHEREAS, House Bill 5128 which has been introduced in the legislature
would forgive the portion of this implied retroactive liability applicable to the
period prior to April 1, 1981; and
WHEREAS, a companion bill, House Bill 5129, has also been introduced
requiring that the value of the forgiven liability be counted as State spending
paid to local units of government, thus reducing the State deficit to local
governments under the provisions of the Headlee Amendment to the State
Constitution; and
WHEREAS, the costs of community placement homes were not included
as local programs in the Headlee Amendment base year computation
(Fiscal Year 1978-79), which established the State liability to local govern-
mental units.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board
of' Commissioners opposes the recognition of any liability on the part of county
governments for debts incurred on their behalf without proper opportunity
for due consideration in the budget appropriations process as required by
the Uniform Budget Act.
February 23, 1984-Page 2
Opposition to House Bills 5128 & 5129
BE IT FURTHER RESOLVED that the Oakland County Board of
Commissioners opposes House Bill 5128 as written and recommends that it
be amended to recognize the counties have no obligation to match community
placement home costs incurred by the State Department of Mental Health,
unless county governments have been given prior notification with ample
opportunity for inclusion in the budget process.
BE IT FURTHER RESOLVED that the Oakland County Board of
Commissioners opposes House Bill 5129. The consideration of these funds
as payment to local units of government, without a corresponding adjustment
to the Headlee base year computation, would be in violation of the Constitution.
BE IT FURTHER RESOLVED that copies of this resolution be sent to
all state legislators representing Oakland County and to the county's
legislative agent.
Mr. Chairperson, on behalf of the General Government Committee,
I move the adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Krt E. Olsen, Chairperson
#84032 February 23, 1984
23rd day of
ALLEN
County Clerk/Register of Deeds
Moved by Olsen supported by McPherson the report be accepted and the
resolution be adopted.
AYES: Law, McDonald, McPherson, Moffitt, Moore, Nelson, Olsen, Perineff,
Pernick, Price, Reweld, Wilcox, Aaron, Calandro, Foley, Fortino, Gosling, Jackson,
R. Kuhn, Lanni. (20)
NAYS: None. (0)
A sufficient majority having voted therefor, the report was accepted and
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 adopted by the Oakland County Board of Commissioners at
their meeting held on February 23, 1984
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