HomeMy WebLinkAboutResolutions - 1991.06.13 - 18517John G. Pappageorge
1County Commissioners, Dist. #13
MISC. 91116
By Commissioner John G. Pappageorge
IN RE: SETTLEMENT OF LITIGATION (COUNTY OF OAKLAND VS STATE OF MICHIGAN
DEPARTMENT OF MENTAL HEALTH (Oakland County Circuit Court Case #85-305141-CZ)
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, in 1985 the County of Oakland, Daniel Murphy and
Richard Wilcox instituted litigation for the purpose of
securing the state's compliance with Article 9, Section 30 of
the Michigan Constitution; and
WHEREAS, the Oakland County Circuit Court and the Michigan
Court of Appeals decided in favor of Oakland County's position,
and the litigation is presently pending in the Michigan Supreme
Court; and
WHEREAS, following the inauguration of John Engler as
Governor of the State of Michigan, the parties negotiated for
the purpose of reaching a settlement of their differences; and
WHEREAS, the negotiations have resulted in a proposed
agreement to enter a Consent Judgment in the Oakland County
Circuit Court, and the Board of Commissioners having reviewed
and approved of the settlement negotiated by its
representatives with the State of Michigan;
NOW, THEREFORE, BE IT RESOLVED that the Board of
Commissioners of the County of Oakland approves of the
settlement attached to this resolution an hereby authorizes its
attorneys and Roy Rewold, Chairperson of the Board of
Commissioners, to execute such documents as may be necessary to
enter a Consent Judgment conforming to the terms of the
settlement attached to this resolution.
Court of Appeals
No, 104795
Oakland County Circuit
No. 85-305141-CZ
Honorable Edward Sosnick KOHL. SECREST, WARDLE. LYNCH, CLARK AND HAMPTON • 30903 NORTHWESTERN HIGHWAY. P. 0. BOX 3040. FARMINGTON HILLS, MICH. 48333-0040 • (313) 851-9500 STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND
COUNTY OF OAKLAND, DANIEL MURPHY
and RICHARD R. WILCOX,
Plaintiffs-Appellees,
Supreme Court No. 86703
STATE OF MICHIGAN, MICHIGAN
DEPARTMENT OF MENTAL HEALTH,
and Director of Michigan
Department of Mental Health,
MICHIGAN DEPARTMENT OF
MANAGEMENT AND BUDGET, and
Director of Michigan Department
of Management and Budget,
Defendants-Appellants.
CONSENT JUDGMENT
At a session of said Court held in
the City of Pontiac, County of
Oakland, State of Michigan,
on
PRESENT: HONORABLE
CIRCUIT COURT JUDGE
The parties to this litigation having negotiated a
resolution of their differences which they wish to confirm by
entry of a Consent Judgment; and
The Supreme Court of the State of Michigan having
remanded the captioned litigation for the purpose of entry of this
Consent Judgment; and
The Circuit Court having read and approved of this
Consent Judgment;
KOHL, SECREST. WARDLE, LYNCH, CLARK AND HAMPTON • NOW, THEREFORE, IT IS HEREBY ORDERED AND ADJUDGED:
0 0 0 i3 obligation to provide for the care of the mentally ill and
;
•
developmentally disabled, classified as state spending in fiscal
O years 1978-1979, shall not be reduced or reclassified as local
0 0 A spending without an appropriate recalculation of the proportion
0
; mandated by Article 9, Section 30. 0
6 2. The State of Michigan through its Department of
z Management and Budget shall annually certify each spending program 0
0 ; for purposes of identifying it as "state spending" or "local
d spending" under Article 9, Section 30. Such certification will be
0
x
•
made independent of informational classifications contained in 0 0
• appropriations acts. The Department of Management and Budget
!
•
shall also certify when a program will have the effect of shifting 0
z a tax burden from the state to local units taken as a whole.
3. The State of Michigan through its Department of
g Management and Budget will add to its criteria for defining "local
0 O spending" the following points: 2
4. Effective upon the date of entry
of this Consent Judgment, if a
local unit(s) of government
assumes the administration of a
function after December 22,
1978, which was previously
performed by state government,
the state payments for the
function shall not be counted as
state spending paid to units of
local government without an
appropriate recalculation of the
proportion mandated by
Article 9, Section 30,
5. The funds are not expended
pursuant to a contract or
agreement to provide a service
1. The proportion of state spending pursuant to its
KOHL. SECREST. WARDLE. LYNCH. CLARK AND HAMPTON • 30903 NORTHWESTERN HIGHWAY, P. 0. BOX 3040. FARMINGTON HILLS, MICH. 48333-0040 • 13131 851-9500 to the state or discharge an
obligation of the state.
4. The State of Michigan through its Department of
Management and Budget shall annually certify in detail the state's
compliance with Article 9, Section 30, of the state constitution.
A report shall be prepared by the Department's Office of
Accounting and made available for review by the State Auditor
General not later than May 31 of each year and transmitted to the
Legislature and available for public review not later than June 30
of each year. The details shall be such that local units can
reasonably determine the state's compliance from independent
examination,
5. The state shall reimburse Oakland County and the
Michigan Association of Counties for attorneys fees incurred in
the suit in an amount not io exceed Fifty Thousand and No/100
($50,000.00) Dollars.
6. The State of Michigan through its Department of
Management and Budget will adjust the proportion of state spending
to local governments whenever a program responsibility changes
between state and Inca' governments. When the program
responsibility shifts from state government to local government,
the proportion of state spending to local government will be
increased; when the responsibility shifts from local government to
the state, the proportion will be decreased. The change in
proportion will be sufficient to hold harmless the unit of
government assuming the shifted program,
7. This Consent Judgment shall operate prospectively
commencing October 1, 1992 (the beginning of fiscal year
1992-1993).
KOHL, SECREST, WARDLE, LYNCH. CLARK AND HAMPTON • 30903 NORTHWESTERN HIGHWAY. P. 0. BOX 3040, FARMINIGTON HILLS. MICH. 48333-0040 • 13131 851-9500 8. This Consent Judgment constitutes a final resolution
of all matters raised in Plaintiffs Complaint. The Court shall
retain jurisdiction for purposes of enforcement of the Consent
Judgment only and not for purposes of oversight of its
implementation. Either party may petition the Court to terminate
jurisdiction for just cause,
9. This Consent Judgment shall not supersede the
Opinion of the Court of Appeals issued and published in this
cause, except as to Paragraph 7 only.
CIRCUIT COURT JUDGE
APPROVED AS TO FORM, CONTENT
AND FOR ENTRY WITH THE COURT;
NOTICE OF ENTRY WAIVED:
DANIEL T. MURPHY
RICHARD R. WILtOX
COUNTY OF OAKLAND
By:
ROY REWOLD, Chairperson
Oakland County Board of Commissioners
KOHL, SECREST. WARDLE, LYNCH, CLARK AND HAMPTON • 30903 NORTHWESTERN HIGHWAY, P. 0. BOX 3040. FARMINGTON HILLS, MICH. 48333-0040 • 13131 851-9500 KOHL, SECREST, WARDLE, LYNCH,
CLARK AND HAMPTON
Attorneys for Plaintiffs-
Appellees
WILLIAM P. HAMPTON (P 14591)
And:
JOHN M. DONOHUE (P 25526)
Attorneys for Defendants-
Appellants
By:
FRANK J. KELLEY (P 15818)
Attorney General
And:
LOUIS J. CARUSO (ID 11695)
Solicitor General
And:
MICHAEL A. NICKERSON (P 25138)
Assistant Attorney General
And:
THOMAS L. CASEY (P 11707)
Assistant Solicitor General
By:
Resolution # 9-1116
Moved by Pappageorge, supported by Crake the resolution be
adopted.
AYES: Aaron, Bishop, Caddell, Crake, Ferrens, Gosling,
Huntoon, Jensen, Johnson, Krause, Law, McConnell, McCulloch, McPherson,
Millard, Moffitt, Oaks, Olsen, Palmer, Pappageorge, Pernick, Price,
Rewold, Schmid, Serra, Skarritt, Wolf. (26
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, do hereby certify that the foregoing
resolution is a true and accurate copy of a resolution adopted by the Oakland County
Board of Commissioners on June 13, 1991 -- with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County
of Oakland at Pontiac, Michigan this 13th day (0 June 1991 , :
'7. LynnA7.—T11-en, -County aerk