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Home My WebLink AboutResolutions - 1971.10.07 - 16244t_ REPORT By Mr. Aaron IN RE: RESOLUTION #5815 - CIRCUIT JUDGES SALARIES To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: Mr. Dennis M. Aaron, Chairman of the Public Protection and Judiciary Committee, reports that Resolution #5815 was received and considered by the Committee. The report of the Committee fel:lc:km.1x follows: - James M. Brennari County Commissioner, District #13 Miscellaneous Resolution 5815 September 16, 1971 BY: JAMES M. BRENNAN IN RE: CIRCUIT JUDGES SALARIES TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairman, Ladies and Gentlemen: WHEREAS, the judges of the Sixth Judicial Circuit have filed claim against the County of Oakland for additional salary funds not authorized by the elected officials of the County; and WHEREAS, such claim is based upon the alleged violation of Article VI, Section prohibits the lowering of a judge's 18, of the Michigan Constitution of 1963, which salary during his term of office; and WHEREAS, the officials of the County of Oakland have never decreased the total compensation paid to the circuit judges: and WHEREAS, the opinion of the Oakland County Corporation Counsel in regard to the legality of this claim is based primarily upon the decision rendered by the Michigan Court of Appeals in the case of the Circuit Judges of the 16th Judicial Circuit vs, Allison M. Green, Treasurer of the State of Michigan, the circumstances of which are totally different from those in Oakland County; NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, the duly elected representatives of the citizens of Oakland County, do not recognize the ,;alidity of the claim of the Judges of the Sixth Judicial Circuit and advise the Board of Auditors to withhold payment of said claim and to take whatever legal action necessary to protect the interests of the taxpayers of Oakland County. MR. CHAIRMAN, I move the adoption of the foregoing resolution. Dennis M. Aaron, Chairm-c7h REPORT October 7, 1971 BY: PUBLIC PROTECTION & JUDICIARY COMMITTEE IN RE: MISC. RES. #5815 - CIRCUIT COURT JUDGES SALARIES TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairman, Ladies and Gentlemen: Your Committee reports that it has received and considered referred Misc. Res. #5815 regarding Circuit Judges Salaries. The Public Protection &Judiciary Committee further reports that it approves the action of the Board of Auditors in settling a claim that they were obliged to do under the law, as concerns the back payment of the Circuit Court Judges salaries. The Public Protection & Judiciary Committee, by Dennis M. Aaron, Chairman, moves the receiving of the foregoing report. PUBLIC-17R—01ECTION & JUPICIARY COMMITTEE Moved by Aaron supported by Gabler!the foregoing report be received. Discussion followed relative to'payment of the baok—sa4a-r-i-e-s to the Circuit Judges. ,.j_e , Mr. Kasper requested that the members of the Board of Auditors be allowed to speak to the Board on this matter. Mr. Patnales objected. The Chairman stated that those in favor of allowing the members of the Board of Auditors to address the Board, say Aye and those opposed, say No. The vote was as follows: AYES: Gabler, Hamlin, Harrison, Houghten, Kasper, Lennon, Mainland, Mathews, Olson, Perinoff, Pernick, Powell, Richards, Simson, Szabo, Wilcox, Barakat, Brennan, Burley, Coy, Daly, Dearborn, Doyon. (23) NAYS: Patnales, Aaron. (2) A sufficient majority having voted in favor of the request, Daniel T. Murphy, Chairman of the Board of Auditors, and Robert E. Lilly, Vice Chairman of the Board of Auditors, addressed the Board. Discussion followed. Moved by Powell supported by Kasper the report be amended that this Board receives the report, but finds said report superfluous. AYES: Harrison, Kasper, Mainland, Patnales, Perinoff, Powell, Richards, Simson, Wilcox, Aaron, Coy, Dearborn. (12) NAYS: Hamlin, Houghten, Lennon, Mathews, Olson, Pernick, Szabo, Barakat, Brennan, Burley, Daly, Doyon, Gabler. (13) A sufficient majority not having voted therefor, the motion lost. Mrs. Dearborn moved the previous question. Supported by Mr. Daly. The Chairman stated that those in say Aye and those opposed say No0 favor of calling the question, The vote was as follows: AYES: Hamlin, Harrison, Houghten, Kasper, Lennon, Mainland, Mathews, Olson, Patnales, Perinoff, Pernick, Powell, Richards, Simson, Szabo, Wilcox, Aaron, Barakat, Brennan, Burley, Coy, Daly, Dearborn, Doyon, Gabler. (25) NAYS: None. (0) A sufficient majority having voted therefor, the previous question was called. Vote on motion to receive report: AYES: Houghten, Kasper, Mainland, Mathews, Olson, Patnales, Perinoff, Pernick, Powell, Richards, Wilcox, Aaron, Barakat, Coy, Dearborn, Gabler, Hamlin, Harrison. (18) NAYS: Lennon, Simson, Szabo, Brennan, Burley, Daly, Doyon. (7) A sufficient majority having voted therefor, the motion carried. SECRETARY TO LIOARO N. ELAINE McFALL DEPUTY SECRETARIES BETTY J. OCKENNTAN CATHERINE J. SMITH KATHRYN E. GEORGE DTM:sl encl. BOARD MEMBERS DANIEL T. MURPHY CHAIRMAN ROBERT E. LILLY VICE_ CHAMMAN GEORGE J. FULKERSON OARLAND COUNTY BOARD OF AUDITORS OAKLAND COUNTY COURT HOUSE 1200 NORTH TELEGRAPH ROAD PONTIAC. MICHIGAN 48053 PHONE 338-4751: September 24, 1971 MEMBER ROBERT E. CHisHoLm ADMINISTRATIVE ASSISTANT . Mr. Lynn D. Allen Oakland County Clerk Clerk/Register of Deeds 1200 N. Telegraph Road Pontiac, Michigan 48053 Dear Mr. Allen: Please be advised that the Board of Auditors, at their meeting of September 23, 1971, took action on the matter of the claims of the Circuit Judges as indicated by the certified copy of the minutes of that meeting. C\ Very trulyiyours, Ltkl 1.0 V 1[V t'ki (iel T. MurpH 'Chairman gal4,17/77(Z-V 111/". Danier T. i4u-rhy.)-1/- / Chairman Robert E. Lillv '-7- J.,/ / r if ("If -TT- e&ge J. Fhlkerson ..mp_ja)6sr Special Meeting of the Board of-Auditors September 23, 19_71 , Members Present Daniel T- Murphy, Chairman Robert E, Lilly, Vice Chairman George 0', Fulkerson, Member Waivers of interest from the judges were presented and read. The opinion of Civil Counsel, dated September 23, 1971, was presented and read. Following deliberation, the following resolution was presented arq adopted: RESOLUTION WHEREAS, this Board, at Its meeting of September 17, 1971, requested opinion of Civil Counsel respecting the claims of the Circuit judges for back salaries which matter for pending before this Board and, WHEREAS, Civil Counsel, in his claim of the judges of the 6th due and payable and the County and, WHEREAS, the several claimants for interest, receipt of which opinion dated September 23, 1971, states "the Judges Circuit for a claim that is lawfully has no meritorious legal defense to the claim have, in writing, agreed to waive all claims waiver is hereby noted and ordered filed and, WHEREAS, . this Board is of the opinion that said claims are clear and to the 'claimants below named, less such adjustments and legal deductions, for services. performed during the period of January 1, 1967 through September 17, 1971, should be mane, and that the Chairman of the Board and County Treasurer be authorized and directed to draw the necessary warrants and effectuate such transfers of funds as shall be appropriated to accomplish the same. • Further, that the Personnel Department, Accounting Department and Payroll De- partment be ordered and directed to continue payment to the present judges of the 6th Circuit at the rate of $14,000 per year for services to he performed after September 17, until such time as a different County compensation may be legally established. Clark J. Adams William R. Beasley William John Beer William P. Hampton Arthur E. Moore Philip Pratt Farrell E. Roberts Robert L. Templin James S. Thorburn Frederick C. Zeim January 1, 1967-September 17, 1971 $18,849,32 January.J„ 19677September_17, 1971 18,849.32 January 1, 1967-September 17, 1971 18,649.32 January 1, 1971-September 17, 1971 2,849.31 January 1, 1967-September 17, 1971 16,849.32 January 1, 1967-September 17, 1971 15,802.74 January 1, 1967-September 17, 1971 18,849.32 January 1, 1967-September 17, 1971 18,849.32 January I, 1967-September 17, 1971 18,849.32 January 1, 1967-September 17, 1971 18,849.32 1, N.--Elaine.,:McFall, Deputy County Clerk, hereby certify that the foregoing is a true.copy of a resolution adopted by the Oakland County Board of Auditors at a duly authorized special meeting held September 23, 1971. N. Elaine McFall Deputy County Clerk