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HomeMy WebLinkAboutResolutions - 1989.06.15 - 16975April 27, 1989 MISCELLANEOUS RESOLUTION NO. 89108 BY: PUBLIC SERVICES COMMITTEE - RICHARD D. KUHN , JR . , CHAIRPERSON IN RE: PROSECUTING ATTORNEY - REQUEST FOR SEVEN (7) ADDITIONAL ASSISTANT PROSECUTING ATTORNEY POSITIONS TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS in response to newly mandated legislative responsibilities and significant increase in the number of criminal warrants issued during 1988, the Prosecuting Attorney has requested seven (7) additional Assistant Prosecuting Attorney positions for the Warrants, Circuit Court, and District and Juvenile Court Divisions; and WHEREAS the immediate need of the Prosecutor's Office has been fueled by steadily increasing crime causing an unprecedented 27 . 1% increase in the number of criminal warrants authorized in 1988; and WHEREAS enactment of a new Omnibus Forfeiture statute and numerous statutory amendments to the Probate Code involving the processing of juvenile offenders affected Warrants Division functions in 1988 and will continue to do so in the future; and WHEREAS as of June 1, 1988, the Prosecuting Attorney became the only person authorized to file a petition against an alleged delinquent child under MCL 712A . 2 (1 ) , 1988 P . A . 92. Such legislation required Warrants Division personnel to review an additional 1,026 cases between the period of June 1, 1988, and December 31, 1988; and WHEREAS an amendment to the Child Protection Law (1988 P . A 372) effective March 30, 1989, requires prosecutors to receive all reports of child abuse reported to the Department of Social Services; and WHEREAS the issuance of increased warrants has resulted in increased court dates for the District Court Division; and WHEREAS statutory amendments to the Michigan Probate Code require the Prosecutor's Office to assume a larger role in processing of juvenile cases ; and WHEREAS effective April 1, 1989, the Prosecutor's Office must act as legal consultant in all abuse and neglect proceedings in juvenile cases; and WHEREAS the Prosecutor's Office is required to appear in juvenile proceedings requiring hearings and testimony brought pursuant to 712A . 2 (a) (1) of the Probate Code; and WHEREAS the Prosecutor's Office must appear before eight hearing officials (four judges and four referees) in Juvenile Court, in addition to doing preliminary hearings at Intake at Children's Village. The Prosecutor's Office must have the staff available to perform the prosecution function necessary to keep these courts efficiently operating; and WHEREAS a review of year-end caseload statistics from the Court Administrator's Office indicates a 9.25% increase of cases handled by the Circuit Court Division; and WHEREAS no provision was made by the Board of Commissioners for the Prosecutor's Office to handle the "visiting judge" in Circuit Court. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners creates the following positions in the Prosecuting Attorney's Office: two (2) Assistant Prosecutor I positions in the Warrants Division, two (2) Assistant Prosecutor I positions in the District Court unit, one (I) Assistant Prosecutor I in the Juvenile Court unit, and two (2) Assistant Prosecutor III positions in the Circuit Court Division. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE REPORT (Misc . 89108) April 27, 1989 BY: Personnel Committee, John P. Calanclro Chairperson IN RE: PUBLIC SERVICES/PROSECUTING ATTORNEY-REQUEST FOR 7 ADDITIONAL ASSISTANT PROSECUTING ATTORNEY POSITIONS TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: - The Personnel Committee, having reviewed the above referenced resolution, reports with the recommendation that the resolution be adopted. Mr. Chairperson, on behalf of the Personnel Committee, I move acceptance of the foregoing report. • PERONNEL COMMITTEE June 15, 1989 FISCAL NOTE (Misc. 89108) BY: FINANCE COMMMT1, DR. G. WaTXJAN OADDEIL, CHAIRPERSON IN RE: PROSECUTING ATTORNEY - REQUEST FOR SEVEN (7) ADDITIONAL ASSISTANT PROSECUTING ATTORNEY POSITIONS TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI.G of this Board, the Finance Committee has reviewed Miscellaneous Resolution 489108 and finds: 1) The addition of seven (7) governmental positions, including two (2) Assistant Prosecutor I positions in the Warrants Division, two (2) Assistant. Prosecutor I positions in the District Court Unit, one 00 Assistant Prosecutor I position in the juvenile Court Unit, and two (2) Assistant Prosecutor III positions in the Circuit Court Division, 2) These additional positions are in response to newly mandated legislative responsibilities and increases in the number of criminal warrants being issued, 3) The annual cost of these positions is $366,544 and the cost for the period June 15, 1989 through December 31, 1.989 is $219,739, as detailed in the attached schedule, 4) Funding in the amount of $219,739 is available in the 1989 Contingency Account for transfer to the Prosecuting Attorney's Budget and Law Library Budget (for legal reference books) as follows: 4-10100-909-01-00-9900 Contingency $(219,739) 4-10100-411-01-00-1001 Prosecuting Atty. Salaries 137,628 4-10100-411-01-00-2070 Fringe Benefits 57,804 4-10100-411-01-00°3574 Personal Mileage 1,950 4-10100-411-01-00-5998 Misc. Capital Outlay 14,917 4-10100-411-01-00-6670 Stationery Stock 950 4-10100-411-01-00-6750 Telephone Communications 1,820 4-10100-513-02-00-3459 Law Library-Additions/Satellites 4,670 $219,739 $ -0- Finance Committee $ 35,992 69,846 $105,838 $ 19,657 38,147 $ 57,804 $ 4,670 1,950 14,917 950 1,820 $ 24,307 $219,739 3,600 1,750 3,360 $ 8,710 $366,544 Schedule A Prosecuting Attorney Annual Cost and 1989 Cost for the Addition of Seven (7) Assistant Prosecutor Positions Salaries 2 - Assistant Prosecutor III 5 - Assistant Prosecutor Total Salaries Annual Cost $ 85,696 166,300 $251,996 1989 Cost 6/15/89-12/31/89 $ 46,803 90,825 $137,628 Fringe Benefits 2 - Assistant Prosecutor III 5 - Assistant Prosecutor Total Fringe Benefits Operating Legal Reference Books (1) Personal Milage Misc. Capital Outlay (2) Stationery Stock Telephone Communications Total Operating Total Cost (1) Taw Library Expense (2) Includes desk, swivel chair, credenza, 2 side chairs and 1 legal file cabinet for each assistant Prosecutor position. Prepared by Budget Division May 31, 1989 RESOLUTION # 89108 June 15, 1989 Moved by Richard Kuhn supported by Crake the Personnel ComMittee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Richard Kuhn supported by Crake the resolution, with a positive Fiscal Note attached) be adopted. Mr. Price offered an amendment to the resolution., but after discussion, the amendment was withdrawn. Moved by Price supported by Ferrens the resolution be referred to the Finance Committee. A sufficient majority not having voted therefor, the motion failed. Vote on resolution: AYES: Rewold, Skarritt, Wolf, Bishop, Caddell, Calandra, Chester, Crake, Ferrens, Hobart, Jensen, Johnson, Richard Kuhn, Susan Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Pappageorge. (22) NAYS: Aaron, Olsen, Pernick, Price. (4) 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 June 15 , 19 89 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 Pontiac,Michigan this 15th day of Jim= , 1989 LYNX D. ALLEN, County Clerk Register of Deeds 7517ity CieFR