HomeMy WebLinkAboutResolutions - 1986.09.11 - 18147Miscellaneous Resolution 86260
By : General Government Committee-John E. Olsen, Chairman
In re: Probate Court-Matching Funds for Child Care Expenditures-Claims
for Violation of Headlee Amendment
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS on two previous occasions, Miscellaneous Resolution 85338
and Miscellaneous Resolution 86202, Oakland County has requested the State
Legislature to take appropriate action to meet their obligation under
Public Act 87 of 1978 to match 50% of the county's child care fund
expenditures; and
WHEREAS the cap on the state matching funds for child care expendi-
tures has resulted in a shift of approximately $565,000.00 in child care
costs from the state to Oakland County for fiscal years 1981 through 1985;
and
WHEREAS this action by the State of Michigan in reducing their
proportion of the child care fund expenditures is a violation of Article 9,
Section 29 (Headlee Amendment) of the State Constitution; and
WHEREAS Public Act 101 of the Public Acts of 1979 established a
Local Government Review Board for the purpose of hearing and deciding upon
the validity of claims from local units of government for alleged violations
by the state of Article 9: Section 29 of the Constitution; and
WHEREAS in seven years' time the Local Government Review Board has
not adopted rules or procedures, nor heard or processed a single claim,
thus effectively voiding the administrative remedy provided by the
Legislature.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners requests the State Legislature to take whatever appropriate
action is necessary to cause the Local Government Review Board to immediately
adopt rules and procedures and to begin the process of hearing claims from
local units of government.
BE IT FURTHER RESOLVED that the Board of Commissioners authorize
Oakland County's Department of Management and Budget and Corporation Counsel
to file a claim with the Local Government Review Board, under Public
Act 101 of the Public Acts of 1979 and the proposed rules and procedures,
for the recovery of the matching child care funds withheld by the state
for fiscal years 1981 through 1985.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
requests Corporation Counsel and the Department of Management and Budget to
initiate appropriate legal action in a court of law to protect the county's
present and retroactive interest in this claim against the State of Michigan.
BE IT FURTHER RESOLVED that a copy of this resolution be sent to
Governor James Blanchard and all State Senators and State Representatives
representing Oakland County.
Mr. Chairperson, on behalf of the General Government Committee, I
move adopotion of the foregoing resolution.
,
7,overnment Committee Gene
#86260 September 11, 1986
Moved by Olsen supported by Webb the resolution be adopted.
AYES: Olsen, Page, Perinoff, Pernick, Price, Rowland, Skarritt, Webb,
Wilcox, Aaron, Caddell, Calandro, Fortino, Gosling, Hassberger, Hobart, Richard Kuhn,
Susan Kuhn, Lanni, McConnell, Moffitt. (21)
NAYS: McPherson. (1)
A sufficient majority having voted therefor,the resolution was adopted.
STATE OF MtCH1QAN)
COUNTY OF OAKLAND)
Lynn D. Allen, Clerk of the County of Oakland and having a
seal, do hereby certify. that I have compared the annexed copy of
Miscellaneous Resolution adopted by the Oakland County Board of Commissioners
at their meeting held on September 11, 1986
with the original record thereof now remaining 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 11th day of Septemhpr
64:-.4%dce
/1124,
Linrijr Allen, Col?1(y Clerk/
Reg.rster of Deeds
1986