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Home My WebLink AboutResolutions - 1993.04.29 - 21815L. BROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE .s.HIGAN Mr- /5 /All ;46 M A T Y 0 U L. Brooks/Patterson ------ , County Executive /- 'K.) A 17Y ( May 25, 1993 Mr. Lynn D. Allen Oakland County Clerk 1200 N. Telegraph Road Pontiac, Michigan 48341 Re: WITHDRAWAL OF VETOES Dear Mr. Allen: On May 11, 1993 I vetoed Miscellaneous Resolution 93072 (entitled "Solid Waste-Removal of Waterford Hills Landfill from Act 641 Plan") and Miscellaneous Resolution 93048 (entitled "Board of Commissioners-Amendment to Board Rules Sec. X, Construction Project Approval") . I have been advised by Corporation Counsel that since the Board has not officially acted upon my vetoes that I have the authority at this time to withdraw my vetoes. I therefore choose to exercise that authority and hereby declare my vetoes of MR 93072 and MR 93048 withdrawn. Please record my withdrawal of both vetoes in the records of the County Board of Commissioners. Very truly yours, EXECUTIVE OFFICE BUILDING * 1200 N TELEGRAPH RD DEPT 409 * PONTIAC MI 48341-0409 0 (313) 858-0484 • FAX (313) 452-9215 L. BROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE 0 K1 .. —4.1113n1151111111114 mooswomemeamsr COUNTY MICHIGAN May 11, 1993 Oakland County Board of Commissioners 1200 North Telegraph Road Department 470 Pontiac, Michigan 48341-0470 Ladies and Gentlemen: I have vetoed Miscellaneous Resolution No 93048, entitled "Board of Commissioners- Amendment to Board Rules Sec. X, Construction Project Approval." Since this is my first veto of a Board Resolution, I feel it is important to set forth the County Executive's philosophy and standards that will be applied when reviewing County Board resolutions. County government has not been constitutionally granted powers to regulate the health, safety and welfare of the people of the County. As enunciated in County Commissioners of Oakland County v Oakland County Executive, 98 Mich App 639 (1980), the County Board possesses no inherent constitutional power to act either legislatively or administratively, but receives such power only through legislative enactment. Therefore, the County Board may exercise only those powers specifically granted by statute or reasonably implied by the specific grant of power. A statutory grant of authority is conferred upon the Oakland County Board of Commissioners in Public Act 139 of the Public Acts of 1973, as amended (MCL 45.551 et sec.). The County Board's authority as set forth in Section 6(a) states: Establish policies to be followed by the government of the county in the conduct of its affairs and exercise all powers and duties vested in boards of county commissioners not inconsistent with this act (emphasis added). In other words, the County Board of Commissioners is the policy-making branch of county government. The duties of County Executive as set forth in Section 8 of the above-referenced statute, in sub-paragraph 1(a) state: "...county executive shall: supervise, direct, and control the functions of the departments of the county except those headed by elected officials." One of those functions under the control of the Executive is set forth in Section 13(j) where the County Executive is granted the power to: "...perform general engineering, construction and maintenance functions for all county departments...." Reasonably implied within that specific grant EXECUTIVE OFFICE BUILDING • 1200 N TELEGRAPH RD DEPT 409 • PONTIAC MI 48341-0409 • (313) 858-0484 • FAX (313) 452-9215 Oakland County Board of Commissioners Page 2 May 11, 1993 of power is the authority to employ architects, and to be charged with the preparation of plans and specifications for buildings. The County Board invited a veto when it included the following language in its resolution clause of Miscellaneous Resolution No. 93048: "Such committee shall be charged with, subject to the approval of the Board of Commissioners, establishment of locations of buildings, employment of architects, and preparations of plans and specifications." The County Board exceeded its authority and attempted to confer upon itself powers, authority, and responsibilities beyond that conferred by Public Act 139 or other general statutes or laws of this state. Admittedly there are limitations upon the County Executive's veto power as set forth in Act 139. Section 11 states in pertinent part: (1) Except as provided in this section, the county executive may veto an ordinance or resolution adopted by the board, including items of an ordinance appropriating funds.. ..The county executive may not approve or disapprove resolutions or motions pertaining to any of the following: (a) The organizational structure of the county board of commissioners. When the County Board attempts to adopt a Board Rule, or a part thereof, which exceed matters of ''the organizational structure of the Board of Commissioners" and attempts to grant unto itself powers, authority or responsibilities as set forth above, then such rule or part thereof, is subject to the County Executive's veto. The language constituted an unfortunate attempt to adopt a Board Rule which sought to divest the County Executive of responsibility conferred by Pubic Act 139, Section 13(j). Since Rule X, E. 2(a) and 2(b) violated the separation of powers as set forth in Act 139, the veto was not only proper but required. (I recognize by this veto, Section X, 2 is eliminated from the Board Rules as a result.) Further, in support of the veto, Miscellaneous Resolution No 93048 was amended to provide "the Articles of Incorporation of the Building Authority be amended by the Board of Commissioners to appropriately reflect the intent of the proposed rule change." This amendment goes well beyond the "organizational structure of the County Board of Commissioners, "and attempts to amend the Articles of Incorporation of the Building Authority by reference to the "intent of the proposed rule change." It is an improper exercise of the Board's authority to attempt to affect such an amendment by reference. It lacks the required specificity, and that defect alone would justify the veto cast today. Respectfully submitted, REPORT April 29, 1993 BY: GENERAL GOVERNMENT COMMITTEE-Donald W. Jensen, Chairperson RE: MISCELLANEOUS RESOLUTION #93048, BOARD OF COMMISSIONERS- AMENDMENT TO BOARD RULES SEC. X, CONSTRUCTION PROJECT APPROVAL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above referenced resolution on April 19, 1993, reports with the recommendation that the resolution be adopted with the addition of the following: BE IT FURTHER RESOLVED that the Articles of Incorporation of the Building Authority be amended by the Board of Commissioners to appropriately reflect the intent of the proposed rule change. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Pjannin and Building Co ittee REPORT BY: Planning and Building Committee, Charles Palmer, Chairperson RE: MR 93048-BOARD OF COMMISSIONERS-AMENDMENT TO BOARD RULES SEC. X., CONSTRUCTION PROJECT APPROVAL TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above-referenced resolution on March 23, 1993, reports with the recommendation that the resolution be adopted with the addition of the following: BE IT FURTHER RESOLVED that the Articles of incorporation of the Building Authority be amended by the Board of nmissioners -atelreflectthecor intent of the proposed rule change. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. MISCELLANEOUS RESOLUTION 93048 BY: Lawrence Obrecht, District #3 • IN RE: BOARD OF COMMISSIONERS-AMENDMENT TO BOARD RULES SEC. X, CONSTRUCTION PROJECT APPROVAL TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Building Authority was established by the then Oakland County Board of Supervisors by MR 4534, adopted February 8, 1966, to "build, acquire, furnish, equip, own, improve, enlarge, lease, operate and maintain a building or buildings.., for use for any legitimate public purpose of the County of Oakland..." in accordance with PA 31 of 1948, as amended; and WHEREAS the Oakland County Board of Commissioners has occasionally authorized the Building Authority to undertake various county construction projects in accordance with PA 31 of 1948, as amended; and WHEREAS the Building Authority will, from time to time, approve changes to: the location of buildings; employment of architects; and plans and specifications for new construction projects or alternations of existing structures; and WHEREAS such changes often impact the lease contract between the County of Oakland and the Building Authority and, therefore, require approval by both the Board of Commissioners and the Building Authority; and WHEREAS there is the possibility that changes made by the Building Authority may not be communicated to the Planning and Building Committee for their review and approval, as was the case with the proposed West Wing extension to the Oakland County Courthouse; and WHEREAS the rules for the Board of Commissioners state that the Planning and Building Committee is responsible for all new construction projects and alterations of existing structures, including locations of buildings, selection of architects and preparation of plans and specifications; and WHEREAS the Board of Commissioners is interested in amending its Board Rules to reflect that final plans and specifications must be approved by the Planning and Building Committee. NOW THEREFORE BE IT RESOLVED that Section X(e)(2) of the Board Rules be amended to read as follows: 2(a). All new construction and all alterations of existing structures beyond what would normally fall in the category of maintenance shall be under the general jurisdiction of the Planning and Building Committee. Such Committee shall be charged with, subject to the approval of the Board of Commissioners, establishing locations of buildings, employment of architects, and preparation of plans and. specifications." MR Page 2 (b). Final plans and specifications for all new county construction projects and all alterations of existing structures beyond what would normally fall in the category of maintenance, including those projects referred to the Building Authority, shall be approved by the Planning and Building Committee prior to issuance of Requests for Proposals. Any subsequent major revisions to plans and specifications by the architect(s), contractor(s), county staff, the Building Authority, etc. shall require approval by the Planning and Building Committee. BE IT FURTHER RESOLVED that in accordance with Oakland County Board of Commissioners Rules, Article XV., the presentation of this resolution at this meeting, with request for referral and subsequent adoption, constitutes the required five -day notice for amendment of rules. I move the adoption of the foregoing resolution. LAWRENCE A. °BRECHT Resolution # 93048 April 29, 1993 Moved by Jensen supported by Obrecht the Planning and Building Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Jensen supported by Obrecht the General Government Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Jensen supported by Obrecht the resolution be adopted. Moved by Jensen supported by Obrecht the resolution be amended by including the following: "BE IT FURTHER RESOLVED that the Articles of Incorporation of the Building Authority be amended by the Board of Commissioners to appropriately reflect the intent of the proposed rule change." A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Price, Schmid, Taub, Aaron, Crake, Douglas, Garfield, Gosling, Huntoon, Johnson, Kaczmar, Kingzett, Law, McPhersdn, Miltner, Oaks, Obrecht, Palmer. (18) NAYS: Pernick, Wolf, Jensen, McCulloch. (4) A sufficient majority having voted therefor, the resolution, as amended, 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 April 29, 1993 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 29th day of April 1P°7 Lynn D. Allen, County Clerk