HomeMy WebLinkAboutResolutions - 1964.12.15 - 19557Miscellaneous Resolution 4397 December 15, 1964
BY: Mr. Osgood
IN RE: REPORT OF THE COUNTY HOME RULE SPECIAL STUDY COMMITTEE
TO THE OAKLAND COUNTY BOARD OF SUPERVISORS
Mr. Chairman, Ladies and Gentlemen:
Pursuant to Resolution No. 4293 adopted by the Oakland County Board of Supervisors
on April 14, 1964, there was established the Special Home Rule Study Committee to which
the Chairman of the Board of Supervisors appointed the following seven (7) members:
John B. Osgood, Chairman; James F. Carey, Sander M. Levin, William L. Mainland,
Ralph S. Moore, John H. King and Harriett Phillips.
This Special Home Rule Study Committee, being keenly aware of the activity and
interest being extended by interested citizens and county governmental officials to implement
County Home Rule as provided for by the recently adopted revised State Constitution, has
held several meetings to review and discuss several proposed legislative bills to implement
County Home Rule.
Your Committee, at its meeting on November 27, 1964, reviewed and discussed in
detail the Wayne County proposed legislation for permissive County Home Rule and it was
the unanimous consent of the Committee that endorsement and legislative support of said
Wayne County Home Rule Bill would be in the best interests of Oakland County.
Your Special Home Rule Study Committee wishes to report further that copies of
the proposed Wayne County Home Rule bill were forwarded to each and every member of
the Oakland County Board of Supervisors on December 4, 1964, for their review and study
prior to consideration and action at this meeting today.
THEREFORE, the Special Home Rule Study Committee of the County of Oakland,
after due consideration, unanimously endorses and supports legislative efforts to promote
the Wayne County enabling legislation to implement County Home Rule and so recommends
to this Board of Supervisors.
Ralph S. Moore James F. Carey
Harriett Phillips
MR. CHAIRMAN, I move that the Oakland County Board of Supervisors adopt
the foregoing recommendations of the Special Home Rule Study Committee whose
signatures are affixed hereto.
SPECIAL HOME RULE STUDY COMMITTEE
John B. 0—sgood, Chairman
Sander M. Levin
•
William L. Mainfand
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Moved by Osgood supported by Demute the resolution be adopted.
Discussion followed.
Moved by Cheyz supported by James Carey the resolution be tabled
until the next meeting and a date be set for a hearing so that the
citizens may be better informed on this matter.
AYES: Bachert, Campbell, James Carey, Charteris, Cheyz, Clarkson,
David s, Dewan, 3. W. Duncan, WM. Duncan, Edward, Edwards, Fouts, Hursfall,
Julian, Lessitet,Marshall, Miller, Oldenburg, Powers, Rhinevault,
Seeterlin, Simson, Smith, Solley, Stephenson, Tapp, Terry, Tinsman, Voll,
Wrobel. (31)
NAYS: Allerton, Jibe, Brickner, John Carey, Case, Demute, Dohany,
Durbin, Forbes, Goodspeed, Grisdale, Hagstrom, Hall_ Hamlin, Heaeock,
Horton, Hudson, Ingraham, Kephart, Knowles, Lahti, Laurie, Levinson,
Maier, Mainland, McAvoy, McGovern, McKinlay, Menzies, Michrina,
Moore, O'Donoghue, Osgood, Perinoff, Potter, Potthoff, Rehard, Remer,
Slavens, They, Travis, Turner, Woods, Yoekey. (45)
ABSTAINING: Levin. (1)
A sufficient majority not having voted therefor, the motion lost.
Vote on adoption of resolution:
A sufficient majority having voted therefor, the resolution was adopted.
A BILL to provide for the establishment of charter counties. .,
The People of the State of Eichigan enact:
Sec. 1. Lvery county adopting a charter under the provisions of this act shall
be a body corporate. e
COUNTY HOME RULE
Sec. 2, The board of supervisors of any county, by a majority vote of its
members elect may, or upon petition of 5 per cent of the duly qualified electors
of the county shall., adopt a resolution providing for the submission of the question
of electing a charter commission for the purpose of framing and submitting to the
electorate a county home rule charter. The petition shall be addressed to the board
of supervisors and shall be filed with the clerk of the board not less than 30 days •
prior to the conmeninz of a regular session of the board or to the convening of any
special session called for the purpose of considering the petition.
See. 3. The resolution shall provide that the question shall be submitted to the
qualified electors at the next regular primary or general election occurring not less
than 60 days from the adoption of the resolution. If there is not to be a regular
-primary or general election in the county within 180 days, the board of supervisors'
may provide in the resolution for a special election on the v ,',,tton.
Sec. 4. The resolution shall provide for the nomination and election of a
charter commission. It shall set forth the number of commissioners to be elected,
which number shall be not less than 9 nor more than 38. It shall also require that
any candidate for election to the office of charter commissioner shall have been a
qualified elector of the county for not lesS than 6 months. If the election is to
be by the district method the resolution shell require that any candidate shall have
been a qualified eleCtor of the district for not less than 6 monthay .
Sec. 5. The resolution may provide for 'either a partisan or non-partisan election
of a charter commission; for nomination of candidates for charter commission by
petition or filing fee; for a primary election; for the election of commissioners
at-large, or from diotricte, or any combination' of the foregoing two methods.
Whenever the board of supervisors shall provide, by resolution, for a primary and a -
general election of the charter commission, the date of the primary shall be the
same as the date for the submission of the question as provided. in Section 3 of this
act and the election of the commiseion shall be.at the next regular primary or •
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Sec. 8. The ballot to be used for the submission of the question shall be
prepared by the county clerk in accordance with the general election laws as follows:
elect a charter commission for the Yes
purpose of framing and oubmittine to the electorate of the No
county, a county home rule charter, under the constitution' ,
and laws of Lichiean." '
The county clerk shall further prepare, or cause to be prepared at county expense,
the necessary ballots for the election of the charter commisaion. All ballots shall
be prepared and all elections shall be conducted in accordance with the election
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Shall the county of
general election occurring not less than 60 days after the primary. If no regular
primary or general election is to occur within 180 daya from the date of the primary,
then the board of supervisors may provide, in the resolution, for a . data on which
the final election of the commission shall be held,
Sec. 6. The resolution shall provide a county appropriation sufficient to
defray the cost of the elections and matters incidental thereto and the compensation
of the members of the charter commission as set forth in the resolution. The board
of supervisors shall provide, whenever necessary, a county appropriation sufficient
to defray the cost of ouitable office and meeting space, materials, supplies,
pbreonnel, the printing and distribution of documents a journals, and proceedings,
the dissemination of information about the proposed charter and all other expense
necessary to permit the uninterrupted and orderly completion of the dutie's of the
commission. The board of supervisors shall also provide, if necessary, a sufficient
appropriation to defray the cost of additional elections and compensation of the
members of the charter commission should the first charter be rejected by the -
electorate.
See. 7. . Upon the pasaage of the resolution, the county clerk shall, within 3
business days, transmit a certified copy thereof to the clerk of each city, village
and township in his county. Tile county clerk shall cause to be published a notice,
of election and the proposition and office to be voted upon in at least 1 newspaper
having general circulation in the county. The first publication shall be not less
than 10 days prior to the election. The county clerk shall also cause a notice
of election, together with the proposition and office to be voted upon, to be'
posted in 2 or more conspicuous places in each precirict within the county. Upon
the request of the county clerk the posting shall be done by the clerk of the local
unit of government.:
laws of this state, except that the question may be submitted at a presidential
election within any county of this state.'
Sec. 9. The elected members of the charter commission shall file their oath of
office with the county clerk prior to the first meeting of the charter commission.
The clerk shall give notice, by certified mail, to each member of the commission as
to the time and place of the first meeting of the commission, which time shall be
not less than 10 days nor more than 20 days after certification of election. The
county clerk shall be the acting presiding officer for the commission and shall • .
serve until a permanent presiding officer shall have been chosen from among the
members of the commission.
Sec. 10. The charter commission shall complete its organization within 30 days - .
after the date of its first meeting. Its organization shall consist of seating - _
its members, selecting its officers and eStablishing its rules of procedure.
Sec. 11. The commission shall draft a proposed charter within 180 days after
the date of completing its organization as provided in Section 10 of this act.
Sec. 12. A vacancy in the office of any commissioner shall be filled by a .
qualified elector selected by the commission. If the commission shall fail to fill
the vacancy within a period of 7 days, the chairman of the board of supervisors'
shall fill the vacancy forthwith. If the original election were by districts and/or
party designation, then the new appointee shall be a qualified elector from the .
same district and/or party as the commissioner vacating the office'.
- ° _ Sec. 13. The commission may appoint employees and assistantS-ad are neceasary'
to perform its duties and shall fix the compensation of the employees and assistants
so appointed. Upon the request of the commission, the board of supervisors may
authorize the use, by the commission, of the services of any county departmental .
personnel, including the legal department. The commission shall .provide.for the
printing and distribution of Its official documents. It may disseminate information
about the proposed charter and do all other things necessary to complete the
business of the commission in an orderly manner. The compensation of employees
and assistants shall he consistent with, as near as may he, the compensation paid
for like services in public employment within the county. All expenses of the ss
charter commission shall be within an adequate appropriation provided by the board
of supervisors under the provisions of Section 6 of this ast e '
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Sec. 14-. Any county charter adopted under the provisions of this act shall
providel ' e
(a) For For the exercise of executive authority; for the vesting of legislative
powers; for the election or manner of appointment of a sheriff, a prosecuting
attorney, a county clerk, a treasurer, a register of deeds and a drain commiseioner
or for the performance of their respective constitutional and statutory duties by
other county offices or departments. - • -
(b) For the continuation of all existing county offices, boards, commissions
and departments whether established by law or by action of the board of supervisors,
or for the performance of their respective duties by other county offices, boards,
commissions end departments, or for the discontinuance thereof.
• (c) For the continuation and implementation of a system of pension and
retirement for county officers and employees in those counties having a system irk
.effect at the time of the adoption of the charter. The system provided under the
charter shall recognize the accrued rights and benefits of the officers and employees
under the system then in effect. The charter shall, in no way, infringe upon nor
be in derogation of those accrued rights and benefits. The charter shall not
preclude future modification of the system. ,
(d)• For the continuation and implementation of a system of civil service in
those counties having a system at the time of the adoption of the charter. The
system of civil service provided under the charter shall recognize the rights and
status of persons under the civil service system then in effect. The charter shall,
in no way, infringe upon nor be in derogation of those rights and status. The
charter shall not preclude future modification of the system.. e
(e) That the general statutes and local acts of the state regarding counties
and county officers shall continue in effect except 'Insofar as this act permits the
charter to provide otherwise and the charter does in fact provide otherwise.
(f) That all ordinances of the county shall remain in effect unless changed by
the charter or an ordinance duly adopted thereunder.
(s) For 'the power and authority to adopt, amend and repeal any ordinance for
any county purpose which concerns the public health, safety and general welfare of /
the county and which is not ceecifically prohibited by law. Any ordinance which
adopted solely under the power and authority hereby granted and which in not otherwise
authorized by law shall not take effect for a period of 90 days. If during the' 90
day period township and/Or city legislative bodies within the county repreeentins
sot less than20 per cent of the population according_ to the last official 4deral
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cc-nuns of the county object, by resolution, to the e adoption of the ordinance, the
ordinance shall not take effect. If leeielative bodies which represent inot less
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For the power and authority to enter into any intergover
not specifically prohibited by law.
For the power and authority to join, establish, or form witloany other %
ental contract
than 20 per cent of the population of the county do so object to the proposed
ordinance, the legislative body of the county may submit the proposed ordinance
to the electorate of the county for its approval or rejection by a majority voting
thereon.
(h)
which is
(i)
For a debt limit of not to exceed 10 per cent of the state equalized value
of the taxable property within the countyos _ e _
(17..)- For the levy and collection of taxes and the fixing of an ad valorem
property tax limitation of not to exceed 1 per cent of the state equalized value
of the taxable property within the county.'
For initiative and referendum on all matters within the scope of the county's
power and authority and for the recall of all county officials, _ ' -
(m) For amendment or revision of the charter either by action of the legislative
body of the county or by initiatory process. In no event shall any amendment or ee
revision become effective unless the same shall have been submitted to the electorate
of the county 'and approved by a -majOrity of those voting thereon.
Sec. 15. Any county charter adopted under the provisions of this act may provide:
(a) For a county executive or executive body whose authority, duties,
responsibilities, mooner of compensation and selection shall be provided for therein.
(b) For the election of a legislative body whose'anthority duties,
responsibilities, osnner of compensation and eleetion shall be provided for therein.
Whenever the charter provides for the election of the legislative body by the district
method, it shall also provide for district reapportionment on a population basis,'
- as nearly equal an possible. The reapportionment shall be based upon the last
official federal census and shall be put into effect at the next regular general e
of the legislative body occurring not less than 12 months
the last official federal census. .
of corporation counsel, public defender, auditor general
and all other offices, boards, commissions or departments necessary for the efficient•
operotion or county rovernuent. The charter may also provide for the power and •
authority to establish, by ordinance, other offices, boards, commissions and
departments as may become necessary. The charter or ordinance shall provide for .
the euthority, duties, responsibilities, manner • of compensation and selection of
governmental unit, an intergovernmental district or authority for the purpose of
performing a public function or service, the performance of which is not prohibited
by law-. ' . t - , . •
•
(j)
(1)
election of the members
after the completion of
(c) Per the office
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all officers, boards, commissions or departments set forth therein or created thereby,_
(d) That the lezielative body of any unit of government which is wholly or :
partially within the county may transfer, subject to the approval of the legislative
body of the county and upon mutually agreed conditions, any municipal function or v
service to the county if the performance of that function or service, by the county;
is not-specifically prohibited by law, and if the function or service is offered on
a county-wide basis.
(e) For the authority to perform at the county level any function or service'
not prohibited by law, which shall include, by way of enumeration and not limitation:
police protection, fire protection, planning, zoning, education, health, welfare,
recreation, water, sewer, waste disposal, transportation, abatement of air and water -
pollution, civil defense, and any other function or service necessary or beneficial
to the public health, safety and general welfare of the county. This authority
shall be co-existent with and shall not supersede like authority vested in local
units of government unless authorized by law or by the consent of the local
governmental unit,., - . • " e e •
(f) For the establishment and maintenance, either within or without the
county corporate limits, of roads, parks, cemeteries, hospitals, medical facilities, ,
airports, ports, jails, water supply and transmission facilities, sewage transmission
and disposal systems, all public works or other type of facility necessary to
preserve and provide effectively for the public health, safety and general welfare '
of the 'county.
(g) or the power and authority to levy and collect any taxes, fees, rents,
tolls or excises, the levy and collection of which is neither pre-empted by the
state nor prohibited by law. •
For a system of retirement for county offieers and employees.
For a. classified civil service or merit system for county officers and
(h)
(i)
'employees-,
Sec, 16. The charter shall be submitted to the governor for approval within
30 days after its completion, The charter shall be approved by the governor if
it conforms to the provieione of the constitution and the statutes of the state of
aehiean. The.eevernor either shall approve or reject the charter within 30 days -
of its enomieeion, If the governor rejects the charter he shall return it to the
charter commieeion together with his reasons for .rejection. Upon the return of
.the unapproved charter the commission shall reconvene, _consider the reasons for -
rejection and resubmit the charter. to the governor all within a period of 45 daye.
Upon resubmission the governor either shall approve or reject the charter within •
30 days of its resubmibsion. If the governor rejects the charter he shall notify
_ Sec. 19. Whenever a charter commission' has been diseolved, 5 per cent of the
electors of the county mey petition the board of supervisors for the election of
a second charter commission, The petition shall be filed with the clerk of the
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the commioAon of his action and his reasons therefor, Upon the second rejection e
of the charter the commission, within 30 days, either shall reconvene end revise - .
the charter to comply with the governor's objections or it shall take all steps e
necessary to obtain a judicial interpretation to determine whether the charter
conforms to the provisions of the constitution and statutes of the state of Michigan.
Upon approval of the charter by the covernor or upon a final favorable judicial --s•
interpretation, the commission shall, within 10 days, fix the date, by resolution,:
for the submission, of the proposed charter, to the electorate for its adoption .
and for the election of the officers provided for therein. The submission and
election shallhe at the time of the next reular primary or general election . --
occurring not less than 60 days from the adoption of thp resolution. If there .
is not to be a rezuler primary or eenerel election within 180 days, the charter
commission may provide in the resolution for a special election.
Sec. l7. Upon the passaee of the resolution by the charter commisSion, fixing
the date for the submission and election, the county clerk shall, within 3 .
business days, transmit a certified copy of the resolution together with a copy . .
of the proposed charter to the clerk of each city, village and township within
his county.- The county clerk shall cause the proposed charter to be published
in at least 1 newspaper havik; fseneral circulation within the county. The charter
shall be published no less than nor more than 4 weeks prior to the election.
The county clerk shall also cause to be published a notice of election in accordance
with Section 7 of this act.'
Sec. 13. If the proposed county charter be rejected, the chairmen of the charter
commission_shall require it to reconvene within 20 daYs and provide for revision -
or amendment to the original draft of the charter previously prepared by it. The , .
commission shall complete its work within 60 days. The charter shall be submitted
to the governor under the provisions of section 16 of this act. The revised
charter shell be re-ouhmitted to the electorate of the county in the tame manner
as in the first insfence, in no case, however-, shall a proposed charter be
presented to the electorate by a charter commission more than twice. Whenever
a chart, commission has. twice submitted a charter a as ad a charter h been twice
reject d by the electorate, that charter commission shall be dissolved. .
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board within :50 days after the dissolution of the first charter commission. The .
board of supervisors shall provide, by resolution, for the election of a second
charter commission. The resolution shall conform with the provisions of Sections
3 turn 6 of this act. It shall not be necessary to place upon the ballot the
question of electing a charter commission. It shall not be necessary for the -
second Charter commission to be elected in the same manner or form an the first'-
charter commission. Any member of the first charter commission shall be ineligible
for election to the second charter commission. The authority, duties, responsibilities,
and term of office of the second charter commission shall be the same as of the
first charter commission. .If the proposed .county charter submitted by the second
charter commission is rejected, that charter commissipn shall be dissolved, and
all subsequent charter commissions shall be elected under the provisions of• . -
Sections 2 thru 6 of this act.:
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