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HomeMy WebLinkAboutResolutions - 2011.10.20 - 18759October 20, 2011 REPORT (MISC. #11246) BY: Human Resources Committee, John Scott, Chairperson RE: BOARD OF COMMISSIONERS — RESOLUTION EXEMPTING OAKLAND COUNTY GOVERNMENT FROM THE PROVISIONS OF 2011 P.A. 152 FOR CALENDAR YEAR 2012 TO: Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed MR #11246 on October 12, 2011 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing Report. HUMAN RESOURCES COMMITTEE HUMAN RESOURCES COMMITTEE VOTE Motion carried unanimously on a roll call vote MISCELLANEOUS RESOLUTION #11246 BY: COMMISSIONERS MICHAEL JINGE L, DISTRICT #3, DAVID WOODWARD, DISTRICT #18, BILL DWYER, DISTRICT #14 IN RE: BOARD OF COMMISSIONERS - RESOLUTION EXEMPTING OAKLAND COUNTY GOVERNMENT FROM THE PROVISIONS OF 2011 P.A. 152 FOR CALENDAR YEAR 2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, on September 27, 2011, 2011 P.A. 152, an act to limit a public employer's expenditures for employee medical benefit plans, became immediately effective; and WHEREAS, previously, on September 22, 2011, Oakland County's Triennial Budget for Fiscal Years 2012 — 2014 was adopted by the Oakland County Board of Commissioners; and WHEREAS the adopted Oakland County Triennial Budget for Fiscal Years 2012 - 2014 is balanced, maintains responsible recommended general fund equity balances, and funds current employee medical benefit plans within existing revenues; and WHEREAS, Oakland County's operating millage rate of 4.19% is effectively Michigan's lowest county operating millage rate given the fact that Oakland County is the only Michigan county that has actuarially fully funded its accrued retiree health care obligations (OPEB) within its operating millage rate; and WHEREAS Oakland County's 2007 funding of its accrued retiree health care obligation using Certificates of Participation will save Oakland County taxpayers an estimated $150 million over the life of the program; and WHEREAS the residents and taxpayers of Oakland County have been well-served by the County's consistent utilization of its nationally-recognized Triennial Budget Process, a process that uses thoughtful, detailed planning and employs incremental changes over time to yield significant results without serious disruption in service delivery and in a manner that is fair to both taxpayers and employees; and WHEREAS, in keeping with the County's established, long-range budgeting practices that actively balance the interests of taxpayers and county employees, Oakland County Employees have been paying contributions toward their health care coverage since 1997, contributing over $26 million toward their health care costs; and WHEREAS, for the three major health plans currently available to Oakland County employees, for single person plans, employees already pay between 11.79% and 21.81% of the 2011 illustrative rate; and WHEREAS significant time and expense has already been incurred relating to the execution of the calendar year 2012 annual health care selection "open enrollment" process for employees, and those investments will be lost and taxpayers will incur significant new costs if Act 152 is required to be implemented by January 1, 2012; and WHEREAS vigorous challenges to the legality of Act 152 are expected and the costs associated with litigation required to support the validity of Act 152 will likely be substantial; and WHEREAS, Section 8 of Act 152 authorizes a local unit of government, defined to include a county government, upon a 2/3 vote of the governing body, to exempt itself from the requirements of the act for the next succeeding calendar year; and 1 Comm issid District # •-mlissioner District # I Comm issioner_ District # 2 CCirri'm i ss loner District # t( WHEREAS, by exempting itself under Section 8 of Act 152 for calendar year 2012, Oakland County can avoid costs of litigation, avoid the expense of conducting a new "open enrollment" selection process, and secure reasonable time to prudently employ its recognized Triennial Budget Process, allowing the County to continue making changes over time that yield significant reductions in health care costs in a manner that is fair to both taxpayers and employees; and WHEREAS exempting Oakland County from Act 152 for calendar year 9012 is equitable considering that Oakland County's employees have already demonstrated by their actions a continuing willingness to fairly share in the burden of meeting the significant economic challenges associated with Michigan's long recession; and WHEREAS in addition sharing the burden of health care costs by contributing over $26 million since 1997, Oakland County's non-312 eligible employees made significant wage and salary concessions by accepting salary reductions of 2.5% for Fiscal Year 2010, a further reduction of 1.5% for Fiscal Year 2011, by accepting a salary freeze for Fiscal Year 2012, and by supporting the Fiscal Year 2013 budget plan that continues the 2012 salary freeze; and WHEREAS Oakland County employees' cumulative pay reductions for Fiscal Years 2010 and 2011 saved Oakland County taxpayers $14.4 million and, together with the pay freeze for Fiscal Years 2012 and 2013, will save an additional $17.6 million, for a combined total of $31.9 million in wage and salary savings; and WHEREAS the equitable nature of a 2012 exemption for Oakland County employees is further demonstrated by the fact that the State of Michigan, as the employer of some 45,000 workers, effectively exempted itself from the mandate of Act 152 by refusing to place the question of applying Act 152's limitations to state workers on the ballot. NOW THEREFORE BE IT RESOLVED that acting pursuant to the authority granted a county under Section 8 of Act 152, the Oakland County Board of Commissioners hereby exmpts Oakland County Government from the requirements of 2011 P.A. 152 for calendar yea t- 2012. Chairperson, we move adoption o the foregoing Resolution. Commissioner David Woodward District #18 Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner Commissioner District # District # COmmisaibner Commissioner District #-t District # t Commisloner Commissioner District f 7 District # 7(//4 , Commissioner IF Commissioner District # District # -I ,„-----, 1 L, (1,,......A.4),- - ,-.; Commissioner Commissioner District # District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Resolution #11246 October 5, 2011 The Chairperson referred the resolution the Human Resources Committee and the Finance Committee. There were no objections. FISCAL NOTE (MISC. #11246) BY: BOARD OF COMMISSIONERS RE: BOARD OF COMMISSIONERS - RESOLUTION EXEMPTING OAKLAND COUNTY GOVERNMENT FROM THE PROVISIONS OF 2011 PA. 152 FOR CALENDAR YEAR 2012 TO: OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: The FY 2012 — 2014 Adopted Budget assumed the current levels of employee contributions for health care. Therefore, no budget amendment is required. October 20, 2011 (FTFTICE CORTIVniTEE 1/2 I FINANCE COMMITTEE Motion carried unanimously on a roll call vote. /11 Resolution #11246 October 20, 2011 Moved by Taub supported by McGillivray the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). I HEREBY APPROVE THE FOREGOING REZUTION STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Bill Bullard Jr., 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 October 20, 2011, 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 2O of October, 2011. E,LLE ,94 Bill Bullard Jr., Oakland County