HomeMy WebLinkAboutResolutions - 1988.10.27 - 17623October 27, 1988
Miscellaneous Resolution # 88283
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL CHAIRPERSON
IN RE: PROBATE COURT - CHILD CARE FUND LAWSUIT -
MULTI-COUNTY CONTRACTUAL ARRANGEMENT FOR ATTORNEY FEES
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, the State of Michigan violated Article 9, Section 29 (Headlee
Amendment) of the constitution when they established a cap on their share of
the Child Care Fund expenditures; and
WHEREAS, this action by the State has cost the County of Oakland
$1,206,779 since 1981; and
WHEREAS, the Oakland County Board of Commissioners on Miscellaneous
Resolution #88074 dated April 14, 1988 authorized the firm of Kohl, Secrest,
Wardle, Lynch, Clark and Hampton to take whatever legal action was necessary
to recover these funds; and
WHEREAS, a lawsuit has been filed on behalf of Oakland. County in
the Court of Claims in Lansing, Michigan; and
WHEREAS, numerous other counties have expressed an interest in join-
ing Oakland County in this legal action; and
WHEREAS, the firm of Kohl, Secrest, Wardle, Lynch, Clark and Hampton
has submitted a proposal for representation of the interests of multi-counties
in this action.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commis-
sioners concurs with the proposal submitted by Kohl, Secrest, et al, and
agrees to participate in joint funding of legal fees and costs with all other
interested counties.
BE IT FURTHER RESOLVED that the Board appropriates the sum of $12,068
to the Treasurer of Oakland County, as escrow agent for a Multi-County Legal
Fee Fund, such funds representing an initial contribution equal to I% of the
total claim of Oakland County. Such funds are to be appropriated from the
Legal Expense Line Item of the Board of Commissioners Program Evaluation
Division.
BE IT FURTHER RESOLVED that the obligation for legal fees and costs
of the County of Oakland under the multi-county proposal shall not exceed
the total cost that would have been incurred had the county proceeded as
the sole participant in this action.
Mr. Chairperson, on behalf of the Finance Committee, I move the
adoption of the foregoing resolution.
FINANCE COMMITTEE
G. William Caddell
4-Chairperson
Y APPROVE THE FOR • ING R • UTION
g..pt
RESOLUTION # 88283 October 27, 1988
Moved by Caddell supported by Susan Kuhn the resolution be adopted.
Discussion followed.
AYES: R. Kuhn, S. Kuhn, Lanni, Law, Luxon, McConnell, McDonald, Angus
McPherson, Ruel McPherson, Moffitt, Oaks, Page, Pernick, Price, Rewold, Skarritt,
Wilcox, Aaron, Caddell, Calandro, Crake, Gosling, Hobart, Jensen. (24)
NAYS: Rowland. (1)
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 October 27 , 19 88 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 27th day of ,Qctober , 1988
LYNNe151. ALLEN, County Clerk
Register of Deeds