HomeMy WebLinkAboutResolutions - 2012.09.20 - 20546Commissioner Micj3Xel J. GingeCLI/District #3
REQUESTING SUSPENSION
OF THE BOARD RULES FOR
IMMEDIATE CONSIDERATION
UNDER NEW BUSINESS
MISCELLANEOUS RESOLUTION #12238
BY: Michael Gingell, Shelley Taub
IN RE: OPPOSITION TO HB 5804- ESTABLISHMENT OF THE MICHIGAN INDIGENT DEFENSE COMMISSION
TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS, Oakland County supports the goals of improving criminal defense services to the indigent in order to
ensure fair and consistent legal representation, and
WHEREAS, the state's creation of the Michigan Indigent Defense Commission ( MIDC ) and its delineation of its
role, responsibilities, standards and other processes, without funding support, clearly constitute the establishment
of an unfunded mandate, and
WHEREAS, the state, by creating the MIDC has given powers to create and enforce new criminal defense
standards to an unelected board, and
WHEREAS, the MIDC will increase the cost of criminal defense to the taxpayer, and
WHEREAS, the MIDC will reduce the appropriation responsibilities of all elected Boards of Commissioners in
Michigan for criminal indigent defense to a ministerial action, and
WHEREAS, the appeal process of an aggrieved local unit of government would be required to appeal its
grievance to the MIDC, the very autonomous entity that likely is involved in imposing the grievance, and
WHEREAS, under the proposed HB 5804, every county shall first set aside $7.25 per capita for indigent defense
even before the MIDC is formed and the underlying rules, standards and responsibilities for criminal indigent
defense is developed, and
WHEREAS, in Oakland County, indigent defense is budgeted at $4.97 million, and
WHEREAS, the County would be mandated to set aside another $ 4.27 million, and
WHEREAS, the County would then be forced to reduce services to taxpayers not charged with a crime and / or
employees who have taken reductions in compensation over several years could also be impacted.
NOW THEREFORE BE IN RESOLVED that the Oakland County Board of Commissioners opposes the passage of
HB 5804 in its current form.
BE IT FURTHER RESOLVED that the Oakland County Clerk send a copy of this resolution to the governor, senate
majority leader, speaker of the house, Oakland County legislators, and Michigan Association of Counties.
Commissioner elley Taub, District #16
Com-rnissioner
/1:11Strict.#
Commissioner
Distri
Commissi
ict #
Cornm
Commissioner
District # /
,
Commissioner
District
Commidsioner
Dist;,ct #
Commissioner
District #
Commissi
District #
r
Commissioner
District # /
./
Commissioner „.
Distri0 #
Commissioner
District #
CoMmissioner
District #
Commissioner
District #
Commissioner
District #
Commissioner
District #
Corrilnissioner ( Commissioner
District # 7-1, I District #
Commissioner
District #
CommissioPter Commissioner
District # District #
Commissioner
#
ssioner
fict #
Resolution #12238 September 20, 2012
Moved by Taub supported by Potts to suspend the rules and vote on Miscellaneous Resolution #12238 —
Opposition to HB 5804-Establishment of the Michigan Indigent Defense Commission.
Vote on motion to suspend rules:
AYES: River, Runestad, Scott, Taub, Weipert, Bosnic, Covey, Dwyer, Gingell, Gosselin,
Hatchett, Hoffman, Long, Matis, McGillivray, Middleton, Nuccio, Potts, Quarles. (19
NAYS: Zack, Nash. (2)
A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous
Resolution #12238 — Opposition to HB 5804-Establishment of the Michigan Indigent Defense
Commission carried.
Moved by Taub supported by Potts the resolution be adopted.
AYES: Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey, Dwyer, Gingell,
Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts,
Quarles, River. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
,
ApF-vlov'E THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
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
September 20, 2012, 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 20 th day of September, 2012.
R}112- e
Bill Bullard Jr., Oakland County