HomeMy WebLinkAboutResolutions - 1989.02.23 - 17239Miscellaneous Resolution # 89022 February 9, 1989
BY: HEALTH & HUMAN SERVICES COMMITTEE-Susan G. Kuhn, Chairperson
RE: PROBATE COURT-JUDICIAL/ADMINISTRATION DIVISION
AUTHORIZATION FOR APPROPRIATION TO COVER COSTS FOR
COMPLETION OF SKILLMAN TRIAL -1989
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to the Michigan Constitution, 1963, Article VI,
Sec. 1, the Revised Probate Code, Act 642 of 1978, as amended, and
the Revised Judicature Act 236 of 1961, as amended, Sec. 600.801 Et.
Seq. , the Oakland County Probate Court is required to probate
decedent's estate matters brought to the Court; and
WHEREAS the Oakland County Probate Court received and filed
the petition to probate the estate of decedent Rose P. Skillman on May
4, 1983, pursuant to law; and
WHEREAS the matter has evolved into an extensive and
complicated proceeding beginning with the filing of a petition on March
15, 1985 for Order Requiring Fiduciaries to justify First Annual
Accounting; and
WHEREAS the matter requires approximately 90 trial days to
complete the proceedings; and
WHEREAS the Oakland County Probate Court has determined that
the legally prudent and cost efficient method to complete the trial is
through a Visiting Judge assignment by the State Court Administrative
Office; and
WHEREAS the Health & Human Services Committee has reviewed
this plan and concurs with same.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board
of Commissioners supports the plan and request of the Probate Court
as the legally prudent and cost efficient method to accomplish
completion of the Skillman Trial.
Mr. Chairperson, on behalf of the Health & Human Services
Committee, I move the adoption of the foregoing resolution.
HEALTH & HUMAN SERVICES COMMITTEE
February 23, 1989
FISCAL NOTE
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDEII,, CHAIRPERSON
IN RE: PROBATE COURT - JUDICIAL ADMINISTRATION DIVISION - AUTHORIZATION
FOR APPROPRIATION TO COVER COSTS FOR COMPLETION OF ShILLMAN —
TRIAL - 1989 MISCELLANEOUS RESOLUTION #89022
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 489022 and finds:
1) The Committee is in agreement with Oakland County Probate Court's
determination to the use of a Visiting Judge assigned by the
State Administrative Office to complete the Skillman Trial.
2) The total appropriation needed is $55,910; of which $36,110 is
for the Visiting Judge per diem and mileage and $19,800 is for
court reporter services as detailed in the attached schedule.
3) The part-time eligible Research Law Clerk will be funded by
underfilling an existing Court Reporter II position; no
additional appropriation will be necessary for this position.
4) Funds available in 1989 Contingency and recommends the transfer
as follows:
4-10100-341-01-00-3128 Professional Services $ 55,910
4-10100-909-01-00-9900 Contingency _(55,910)
$ -0-
FINANCE COMMITTEE
Schedule fp
Projected Costs "
For Completion of Skillman Trial
Visiting Judge (Professional Services) (2)
Per Diem ($315.78/day x 108 days)
Estimated anticipated Per Diem Adjustment
Mileage (25 miles x 108 days x $.25/mile)
Total
Court Reporter (Professional Services)
(180 days x $110/day) Total
Research Law Clerk (3)
$34,104.24
1,330.56
675.00
$36,109.80
$19,800.00
Salary (1440 hours x $12.2933/hr.) $17,702.35
Fringes (30.8225%) 5,456.31
Total $23,158.66
Total Estimated Cost $79,068.11
Total Additional Funding Needed $55,909.80
1) Calculations based on a nine (9) month trial period
(9 months / 36 weeks / 180 days / 1440 hours)
2) a. Visiting Judge paid for full days
(3 days per week x 36 weeks = 108 days)
b. Per Diem calculated at 1988 level, $315.78 / day
Estimated 1989 Per Diem level $328.10 / day
($328.10 - $315.78 = $12.32 x 108 = $1,330.56)
3) a. Research Law Clerk will be a PTE position underfilling a
vacant Court Reporter II position. Therefore no
additional funding will be needed.
b. If position is reclassified, the cost will be as follows:
Salary ($15.16 / hr. x 1,440 hrs.) $21,830.40
Fringes (30.8225%) 6,728.68
Total $28,559.08
LF-scpcsktr
RESOLUTION # 89022. Februa;-y 23 1.949
Moved by Susan Kuhn supported by Oaks the resolution (with Fiscal Note
attached) be adopted.
AYES: R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson,
Moffitt, Oaks, Olsen, Pappageorge, Rewold, Skarritt, Wolf, Aaron, Calandra,
Chester, Crake, Gosling, Hobart, Johnson. (21)
NAYS: None. (0)
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 February 23, , 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 Pontiac,Michigan this 23rd day of FebiwarY , 1989
LyNpflo. ALLEN, County Clerk
Register of Deeds