HomeMy WebLinkAboutResolutions - 1989.07.20 - 16974,Richard D. Kuhn, Jr
Chairperson
July 20, 1989
Miscellanebus Resolution # 89182
BY: PUBLIC SERVICES COMMITTEE, RICHARD D. KUHN, JR., CHAIRPERSON
IN RE: COURTS - STATE FINANCING OF COURTS CLASS ACTION LAWSUIT -
ELECT TO BE EXCLUDED FROM THE CLASS
TO THE OAKLAND couNry BOARD OF COMMISSIONERS •
Mr. Chairperson, ladies and Gentlemen:
WHEREAS, the firm of Clary, Nantz, Wood, Hoff ius, Rankin & Cooper has
filed a class action 'lawsuit on behalf of all units of local government
currently required to fund Circuit, Probate and District Courts; and
WHEREAS, this lawsuit was filed to force the State of Michigan to:
(1) Reimburse 80% of court expenses for 1986 and 1987 as required by P.A. 438
of 1980; (2) Require the State of Michigan to finance all court expenses
as required by the constitutional reference to the one State Court of Justice;
(3) Force the State to adopt or promulgate an enforceable system for the
annual auditing and accounting of judicial expenditures, at State expense; and
WHEREAS, the Court of Claims has certified the class action and each
identified member of the class has until August 20, 1989 to elect to with-
draw from the case; and
WHEREAS, it is the determination of the Oakland County Board of Commi-
ssioners that any funds saved by a state takeover of court funding would
he offset by a revision in the Constitution Article IX Section 30 formula
for distribution of funds to local governments; and
WHEREAS, a State takeover of court financing would result in less
efficient court operation and would tend to have the Oakland County
Courts sink to the statewide "lowest common denominator;" and
WHEREAS, State funding of the various courts would result in the erosion
of local control.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners finds
that it would be in the hest interests of Oakland County to elect to be
excluded from the class action lawsuit.
BE IT FURTHER RESOLVED that the Board authorizes its Chairperson to
execute the "Request for Exclusion" form and forward same to the law firm
of Clary, Nantz, et al
Mr. Chairperson,. on behalf of the Public Services Committee, I move
adoption of the foregoing resolution.
RESOLUTION # 89182 July 20, 1989
The Chairperson referred the resolution to the Government &
Transportation Committee.
Discussion followed.
Mr. Olsen objected to the referral. The Chairperson stated it would
take 3/5 of those voting to override the decision of the Chair. A "yes" vote
will confirm the ruling of the Chair, and a no vote will not refer the
resolution.
AYES: Jensen, Law, Luxon, McPherson, Oaks, Pernick, Price, Aaron,
Ferrens. (9)
NAYS: S. Kuhn, McConnell, McCulloch, Moffitt, Olsen, Pappageorge, Rewold,
Skarritt, Wolf, Bishop, Caddell, Chester, Crake, Gosling, Hobart, Johnson. (16)
A sufficient majority not having voted therefor, the ruling of the
Chair was not sustained and the resolution was not referred.
Moved by Olsen supported by Bishop the rules be suspended for immediate
action on the resolution.
AYES: Johnson, S. Kuhn, McConnell, McCulloch, Moffitt, Olsen,
Pappageorge, Rewold, Skarritt, Wolf, Bishop, Caddell, Chester, Crake, Gosling,
Hobart. (16)
NAYS: Law, Luxon, McPherson, Oaks, Pernick, Price, Aaron, Ferrens,
Jensen. (9)
A sufficient majority having voted therefor, the motion to suspend the
rules carried.
Moveds by Moffitt supported by McCulloch the resolution be adopted.
AYES: S. Kuhn, McConnell, McCulloch,Moffitt, Olsen, Pappageorge, Rewold,
Skarritt, Wolf, Bishop, Caddell, Chester, Crake, Gosling, Hobart, Johnson. (16)
NAYS: Law, Luxon, McPherson, Oaks, Pernick, Price, Aaron, Ferrens,
Jensen. (9)
A sufficient majority having voted therefor, 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 the attached resolution,
adopted by the Oakland County Board of Commissioners at their regular meeting
held on July 20 , 1989 with the original record thereof now remaining
on file 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 Pontiae,Michigan this 20th day of July , 1989
LIN D. ALLEN, County Clerk
Register of Deeds