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HomeMy WebLinkAboutResolutions - 1962.11.07 - 19945Miscellaneous Resolution 4056 November 7, 1962 BY: Mr. Levinson IN RE: AUDITOR GENERAL REPORT To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: As of October 23, 1962, the State Auditor General filed his report of the examination of the records and accounts of the County for the period of January 1, 1960 to December 31, 1960. A copy of this report was forwarded to each member of the Board of Supervisors on October 24, 1962 by the County Board of Auditors. Immediately upon receipt of the report, your Ways and Means Committee directed the County Board of Auditors and the Corporation Counsel to make a review of the financial and legal questions mentioned therein. This report has been widely reported in the Press, but these reports have failed to clearly set forth the helpful suggestions which were made by the Auditor General, and have generally not mentioned the fact that the Auditor General found that funds were properly handled by the County Treasurer and the County Board of Auditors, and the various other County Departments which have occasion to handle public funds. It should be noted that on page 1 of the report the Auditor General says: "Cash on hand in the county treasurer's office was verified by actual count on November 30, 1961 and reconciled with the records as of December 31, 1960. The exact receipts were deposited daily in the designated county depositories. Cash in banks was reconciled with amounts certified by the county's depositories." Of great concern to your Committee were some of the statements made by the Auditor General concerning the per diem for the Chairman of the Board. We are all aware that Mr. Hamlin did not ask for, nor did he seek, the $25.00 per diem compensation set by the Board #4056 in the resolution adopted in 1958 by unanimous vote. As a matter of fact the Board at that time was following action which bad already been taken in other counties, and following the advice of Counsel that the Board had the authority to set a larger amount of compensa- tion for the Chairman under Article VIII, Section 9, of the Michigan Constitution of 1908. Your Committee has again reviewed this with Counsel and agrees with his advice that the previous action taken by the Board in setting the per diem compensation for the Chairman was correct. The Corporation Counsel has advised your Committee on many of the legal questions raised by the Auditor General in his report with respect to mileage, expenses and per diem. In brief, he has advised your Committee as follows: The Board had the exclusive right to set the per diem compensation for the Chairman, which may be greater than the amount of per diem paid to other members of the Board. Members of the Board of Supervisors are limited to per diem compensation as follows: 61 days of meetings of the Board, regular or special; 120 days for each Committee but not more than 150 days for all Committees in any calendar year; the limit does not apply to the Board Chairman. Supervisors who serve as members of Drainage or Public Works Boards are allowed the same per diem compensation as set by the Board for members as additional compensation for extra duties. Each Board is separate and a member serving on a drainage or public works board is entitled to the established rate of compensation for attendance at meetings, regardless of whether another board meets on the same day. The mileage allowance for Supervisors and for members of the County Board of Education is 7 per mile. The new Act increases the rate to 10 per mile but is not yet effective. #4056 Supervisors may claim reimbursement for noon meals when meetings extend beyond the noon hour and such claims are subject to being "adjusted, allowed and authorized" by the Board of County Auditors under such rules and regulations as may be established by the Board of County Auditors. Advances for traveling expenses for county officials are not authorized by law. A new Act authorizing advances in certain instances is not yet effective. Your Committee has requested the Board of County Auditors to review the financial aspects of the report in view of the legal findings of the Corporation Counsel and, if necessary, confer with the State Auditor General who has offered his assistance on County problems related to the audit. Of concern to your Committee is the growing tendency, as indicated by this recent State report, for the State to attempt to dictate to the County and to the Board of Supervisors in areas of policy and administration which are reserved in the Constitution for the County Supervisors and the Board of County Auditors. This is Article VIII, Section 9, of the Michigan Constitution of 1908, which reads as follows: "The boards of supervisors shall have exclusive power to fix the salaries and compensation of all county officials not otherwise provided for by law. The boards of supervisors, or in counties having county auditors, such auditors, shall adjust all claims against their respective counties; appeals may be taken from such decisions of the boards of supervisors or auditors to the circuit court in such manner as shall be prescribed by law." Your Committee has been advised by the Corporation Counsel that the State Legislature in 1909 enacted Public Act 58 pursuant to the constitutional provisions which establishes the procedure for payment of claims. In our County this is handled by the Board of County Auditors, who have reviewed the expense claims which were objected to by the Arno L. Hule R./C. Cummings Horton' Frank J. VoII, St. On L. Carey vid—Ce—vi nsT5ni,,':.;Cha.irrnan #4056 State Auditor General, and found them reasonable. This includes noon meals, when Supervisors are required to stay over for an afternoon or all day session. We all recognize the value to the County of an impartial audit of the records and accounts by the Auditor General. However, the many directives which are contained in the report indicate the continuance of a policy by the State of imposing its departmental directives on local government contrary to the laws and Constitution of the State,. A study of these trends should be made by various State associations representing local government, including the Michigan State Association of Supervisors, city and township associations and interested citizens groups. This trend also points out the great need for home rule which has been recommended by this Board and by many citizens groups in this County. MR., CHAIRMAN, on behalf of the Ways and Means Committee, I move that the foregoing report be approved, filed and a copy sent to the Auditor General. WAYS AND MEANS COMMITTEE #4056 Moved by Levinson supported by John Carey the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted.