HomeMy WebLinkAboutResolutions - 1971.09.16 - 16294REPORT September 16, 1971
BY FINANCE COMMITTEE
IN RE: CIRCUIT JUDGES SALARIES - RESOLUTION #5799
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman, Ladies and Gentlemen:
The Finance Committee reports Resolution 05799 without recommendation
FINANCE COMMITTEE
/James M Brennan, Chairman
September 2, 1971
RESOLUTION NO 5799
RE: CIRCUIT JUDGES' SALARIES
BY PERSONNEL PRACTICES COMMITTEE - Mc. Mainland
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
MR. CHAIRMAN, LADIES AND GENTLEMEN:
WHEREAS, the Michigan Court of Appeals ruled, and the
Michigan Supreme Court adopted that ruling, that the provisions
of Act 252 of the Public Acts of 1966, which set a maximum limit
on the combined State paid and County paid salaries of Circuit
Court Judges, are in conflict with Article VI, Section 18 of the
Michigan Constitution of 1963, which states that the salary of a
Circuit Court Judge cannot be lowered during his term of office,
and are unconstitutional; and
WHEREAS, the County's Corporation Counsel in his letter of
August 16, 1971 has given the opinion that the case and decisions
are directly applicable to the determination of the amount of the
County portion of the salaries of the Judges of the Sixth Judicial
Circuit (Oakland County); and
WHEREAS, effective January 1, 1967, in order to comply with
the maximum salary established by Act 252, and to have the State
continue to pay the largest amount possible, the County of Oakland
lowered the Annual County Paid salary of the Judges of the Sixth
Judicial Circuit from $14,000.00 to $10,000.00; and
WHEREAS, the Corporation Counsel, in view of the decisions
of the Appeals Court and the Supreme Court, has ruled that the
$4,000.00 per year difference in these salaries is a legal financial
obligation of the County of Oakland.
NOW THEREFORE BE IT RESOLVED that the sum of $18,849.31 be
paid to each of the following Judges: Clark J. Adams, William John
Beer, Frederick C. Ziem, Arthur E. Moore, William R. Beasley,
Farrell E. Roberts, Robert L. Templin and James S. Thorburn, in
payment for the period from January 1, 1967 through September 17,
1971; that $15,802.74 be paid to Judge Philip Pratt for the period
from January 1, 1967 through December 13, 1970; and that $2,849.31
be paid to Judge William P. Hampton for the period from January 1,
1971 through September 17, 1971;
BE IT FURTHER RESOLVED that the sum of $179,802.74 be ap-
propriated to the salaries portion of the 1971 Circuit Court
Budget for both the lump sum payment of the above mentioned past
due portions of this obligation and for the payment of the County
portion of the salaries of Circuit Court Judges of the rate of
$14,000.00 per year for the period from September 17, 1971 through
the remainder of 1971;
BE IT FURTHER RESOLVED that the Board of Auditors are hereby
directed to initiate and approve these payments.
The Personnel Practices Committee, by Mr. William L. Mainland,
Chairman, moves the adoption of the foregoing resolution.
PERSONNEL PRACT CES COMMITTEE
William L. Mai -land, Chairman
#5799
Moved by Mainland supported by Perinoff the resolution be adopted.
Discussion followed.
Mr. Brennan requested that the Corporation Counsel present an
opinion on the Macomb County case, to the Finance Committee, for
review and comparison.
Discussion followed.
Moved by Kasper supported by Richardson the resolution be laid
on the table.
AYES: Powell, Richardson, Wilcox, Daly, Kasper, (5)
NAYS: Lennon, Mainland, Mathews, Olson, Patnales, Per inoff,
Pernick, Richards, Simson, Szabo, Barakat, Brennan, Burley, Coy,
Dearborn, Edwards, Gabler, Hamlin, Harrison, Horton, Houghten. (21)
A sufficient majority not having voted therefor, the motion lost.
The Chairman referred the resolution to the Finance Committee.
There were no objections.
Mr. Perinoff gave notice that, at the next meeting of the Board
on Octc'qer 7, 1971, he will make a motion to discharge the Finance
Committee from further consideration of Resolution #5799, Circuit
Judges Salaries.
Discussion followed relative to
the Committee is in order.
The Chairman ruled that the Not
whether the Notice to discharge
ce is in order.
Mr. Powell appealed the ruling of the Chair. Supported by
Mrs. Dearborn,
The Chairman stated that those in favor of sustaining the decision of the
Chair, say "Yes", and those opposed, say "No".
The vote was as follows:
AYES: Richardson, Simson, Szabo, Wilcox, Aaron, Barakat, Brennan,
Burley, Coy, Daly, Hamlin, Harrison, Horton, Houghton, Lennon, Mainland,
Mathews, Olson, Perinoff, Pernick, Richards. (21)
NAYS: Dearborn, Powell. (2)
A sufficient majority having voted in favor of sustaining the
decision of the Chair, the decision of the Chair was sustained.
Discussion followed.
The the Boar Chairman ruled that the Finance Committee report is not properly before d. moved by Powell supported by Kasper the rules be suspended for
immediate consideration of Ilia resolution. #5799.
AYES: Wilcox, Aaron, Burley, Dearborn, Hamlin, Horton, Houghten,
Kasper, Mainland, Patnales, Perinoff, Powell, Richards, Richardson. (14)
NAYS: Simson, Szabo, Barakat, Brennan, Coy, Daly, Harrison, Lennon,
Mathews, Olson, Pernick. (11)
A sufficient majority not having voted therefor, the motion lost.
Discussion followed.
Moved by Pernick supported by Harrison the report be received
and placed on file.
AYES: Szabo, Aaron, Barakat, Brennan, Coy, Daly, Hamlin, Harrison,
Houghten, Lennon, Mainland, Mathews, Olson, Perinoff, Pernick, Richards,
Simson. (17)
NAYS: Burley, Dearborn, Horton, Kasper, Patnales, Powell. (6)
A sufficient majority having voted therefor, the motion carried.