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MISULLANEOUS RESOLUTION #92001 January -2, 1992
Dkuel I. Murphy, Courtly Execue I f
tiv
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,93a/17-9
BY: DR. G. WILLIAM CADDELL
RE: LEGAL FEES FOR THE OAKLAND COUNTY REAPPORTIONMENT COMMISSION
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Reapportionment Commission is reauired by P.A. 261 of the
Public Acts of 1966, as amended, to reapportion the County Commissioner
districts after the 1990 Federal Decennial Census; and
WHEREAS a Motion for Rehearing and Immediate Consideration has been
filed with the Michigan Court of Appeals for reconsideration of the
Reapportionment Plan; and
WHEREAS the Chairman of the Reapportionment Commission requests the
necessary funds to retain the firm of Foster, Swift, Collins & Smith, P.C.,
to continue to represent the Reapportionment Commission in this and
possible future litigations; and
WHEREAS the Chairman of the Reapportionment Commission also requests
that an amount of $15,000 be appropriated for the legal costs incurred
relative to the motion before the Michigan Court of Appeals, and subsequent
legal costs, if necessary, to adjudicate the dispute over the
Reapportionment Plan, and further that all legal costs incurred shall be
approved by the County Corporation Counsel; and
WHEREAS funding is available in the 1992 General Fund Contingency
Account.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the County Corporation Counsel to retain the firm
of Foster, Swift, Collins & Smith, P.C., to represent the Reapportionment
Commission in the present lawsuit, and any subsequent legal challenges, if
necessary, relative to the Reapportionment Plan.
BE IT FURTHER RESOLVED that an amount not to exceed $15,000 be
appropriated to pay for legal services rendered under the current lawsuit,
and under subsequent legal challenges, if necessary, to properly adjudicate
the dispute over the Reapportionment Plan.
BE IT FURTHER RESOLVED that $15,000 be transferred from the 1992
Contingency Account to the District Reapportionment Account to cover legal
costs incurred by the Reapportionment Commission and that the 1992 Budget
be amended as follows:
4 .-10100-909-01-00-9900
'4-10100-907.-01-00-3638
Contingency ($15,000)
District Reapportionment 15,000
$ -0-
Mr. Chairperson, I move the adoption of the foregoing resolution.
1 HEREBY APPROVE THE FOREGOING RESOLUTION 1-1 -49(illiam Caddell, District #25 '1r-7
February 13, 1992
FISCAL NOTE
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: LEGAL FEES FOR THE OAKLAND COUNTY REAPPORTIONMENT
COMMISSION, MISCELLANEOUS RESOLUTION #92001
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies, and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has
reviewed Miscellaneous Resolution #92001 and finds:
1. The resolution requests authorization to continue to
retain the firm of Foster, Swift, Collins, and Smith, PC
in the representation of the Reapportionment Commission
in the present lawsuit and any subsequent legal
challenges, if necessary, relative to the Reapportionment
Plan.
2. The resolution further requests that an amount not to
exceed $15,000 be appropriated to pay for legal services
rendered under the current, and under subsequent legal
challenges, if necessary, to properly adjudicate the
dispute over the Reapportionment Plan.
3. The amount of $15,000 be transferred from the 1992
Contingency Account to the District Reapportionment
Account to cover legal costs incurred by the
Reapportionment Commission.
4. The 1992 Budget be amended as follows:
4-10100-
909 -01-00 -9900 Contingency
907-01-00-3638 District Reapportionment
$(15,000)
$ 15,000
$ -0-
In addition, the Finance Committee recommends that the parties
try to resolve the issue as expeditiously as possible.
FINANCE COMMITTEE
Resolution # 92001 February 13, 1992
Moved by Caddell supported by Pappageorge the Fiscal Note be accepted.
A sufficient majority having voted therefor, the Fiscal note was
accepted.
Moved by Caddell supported by Pappageorge the resolution be adopted.
Discussion followed.
Moved by Price supported by Pernick the resolution be amended in both
"BE IT FURTHER RESOLVED" paragraphs by deleting $15,000 and inserting $5,000.
AYES: Serra, Aaron, Ferrens, Krause, McPherson, Oaks, Pernick, Price.
(8)
NAYS: Skarritt, Wolf, Bishop, Caddell, Crake, Gosling, Huntoon,
Jensen, Johnson, Law, McConnell, McCulloch, Millard, Moffitt, Olsen, Palmer,
Pappageorge, Schmid. (18)
A sufficient majority not having voted therefor, the amendment failed.
AYES: Skarritt, Wolf, Bishop, Caddell, Crake, Gosling, Huntoon,
Jensen, Johnson, Law, McConnell, McCulloch, Millard, Moffitt, Olsen, Palmer,
Pappageorge, Schmid. (18)
NAYS: Aaron, Ferrens, Krause, McPherson, Oaks, Pernick, Price, Serra.
(8)
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 February 13,1992
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 of-) February •., 1992
Lynni0. Allen, County Clerk