HomeMy WebLinkAboutResolutions - 1968.04.09 - 18860Miscellaneous Resolution 4857 April 9, 1968
BY: Mr. Levinson
IN RE: REPORT ON REQUEST FOR PUBLIC HEARING ON TENTATIVE BUDGET
TO THE OAKLAND COUNTY BOARD OF SUPERVISORS
Mr. Chairman, Ladies and Gentlemen:
At the Oakland County Board of Supervisors meeting on March 13, 1968, a
communication received by said Board from Mr. Glenn Swindler of the Oakland County
Homeowners and Taxpayers Association, concerning the request for a public hearing on
the Tentative Budget, was referred to the Ways and Means Committee and the Board of
Auditors. The pertinent paragraph of the letter reads as follows:
"Our association would appreciate this letter being read to the entire Board
of Supervisors in request that a public hearing be held on the tentative budget,
Further that the public hearing be scheduled for the evening of April 15th
after 6:00 p.m. so working taxpayers can attend without loss of pay."
Your Ways and Means Committee has adopted the following resolution:
WHEREAS the 1963 Michigan State Constitution, Article VII, Section 32 reads
as follows:
"Sec. 32. Any county, township, city, village, authority or school district
empowered by the legislature or by this constitution to prepare budgets of
estimated expenditures and revenues shall adopt such budgets only after a
public hearing In a manner prescribed by law."
and
WHEREAS in the Second Extra Session of 1963 the Legislature enacted Act 43 of the
Public Acts of 1963, Second Extra Session, the effective date of the Act is December 27,
1963 the title of the Act being "An Act to provide for public hearing on budgets of local
units of government", and
WHEREAS Section 3 of such act prescribes the time of hearing for governmental
units which have to submit tentative budgets to the Al location Board to obtain allocation
rates, exact words being
"Each local unit shall hold such public hearing prior to final adoption of its
budget. Units which submit budgets to a county tax allocation board shall
hold such hearing after its tax rate allocation has been fixed by such board."
and
Seeley Tinsman /
Howard 0. Powers
WHEREAS the Board of Auditors requested Corporation Counsel for the County of
Oakland for an opinion as to the holding of a public hearing on its tentative budget; and
Corporation Counsel's opinion in part states:
"After reading Section 3 I am of the opinion that the County may not hold
a hearing on its budget until after its tax allocation rate has been fixed
by the County Tax Allocation Board. It is mandatory upon the County Tax
Allocation Board to issue its final order of allocation on the lst Monday in
June.
"In view of the mandatory language found in Act 43 of the Public Acts of
1963, 2nd Extra Session, the County of Oakland is obligated to hold a
public hearing on the adoption of its budget sometime after the 1st Monday
in June and may not hold a public hearing on its budget prior to that date."
THEREFORE BE IT RESOLVED that your Ways and Means Committee respectfully
submits that in light of Corporation Counsel's opinion and his interpretation of the
Michigan State Constitution and applicable Legislative Acts that a public hearing on the
tentative budget not be held prior to the fixing of a County tax rate by the Oakland County
Tax Allocation Board.
MR. CHAIRMAN, on behalf of the Ways and Means Committee, I move the adoption
of the foregoing resolution.
WAYS AND MEANS COMMITTEE
David Levinson, Chairman
Wilris M. Brewer Thomas H. O'Donoghue
#4857
Moved by Levinson supported by Rusher the resolution
be adopted.
Discussion followed.
A sufficient majority having voted therefor, the resolution
was adopted.