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HomeMy WebLinkAboutResolutions - 1993.08.26 - 22075MISCELLANEOUS RESOLUTION #93171 BY: Commissioner Marilynn Gosling IN RE: Board of Commissioners--Effective Date of Ordinances and Resolutions Policy To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, the Optional Unified Form of County Government Act (Act 139) outlines the effective dates of ordinances and resolutions in Section 11, subsection 2, and provides that an adopted ordinance or resolution shall become effective on approval of the County Executive; or without approval or veto by the County Executive on expiration of 10 days from the time, measured in hours and minutes, that the ordinance or resolution is presented to the County Executive; or on the overriding of a veto by the Board of Commissioners; and WHEREAS, the procedure for a County Executive veto of an adopted ordinance or resolution is provided for in Section 11, subsection 2 of Act 139, requires the County Executive to certify such veto message to the Board of Commissioners within 10 days after the date of adoption of the adoption of the ordinance or resolution; and WHEREAS, Section 11, subsection 1 of Act 139 allow for the override of a veto by a 2/3 vote of all County Board of Commissioners members elected and serving by the second meeting following deliverance of the veto message to the County Board of Commissioners; and WHEREAS, to eliminate any confusion on the procedure to be followed in the process of approval, veto and override, the following procedure is hereby established and the Rules for the Oakland County Board of Commissioners are hereby amended to include this procedure. NOW THEREFORE BE IT RESOLVED that upon adoption of an ordinance or resolution by the County Board of Commissioners, the County Clerk shall record the exact date and time of adoption of the ordinance or resolution, and shall present such adopted ordinance or resolution to the County Executive's Office within 24 after hours of adoption and shall further receive from the County Executive's office a signed receipt for the deliverance of such adopted ordinance(s) or resolution(s), which shall include the exact date and time of delivery and a list of the ordinance(s) or resolution(s), by number and title, which were received. The County Clerk shall immediately give a copy of the receipt for the deliverance of the adopted ordinance(s) or resolution(s) to the Chairperson of the County Board of Commissioners. BE IT FURTHER RESOLVED that all resolutions and ordinances shall become effective upon 1. adoption by the Board of County Commissioners and approval by the County Executive, or 2. adoption by the Board of County Commissioners and the expiration of ten (10) days from the time of presentation of the ordinance or resolution to the County Executive, measured in hours and minutes, without approval or veto of the County Executive; or 3. upon adoption by the Board of Commissioners and veto by the County Executive, on an override of the County Executive veto by a 2/3 vote of all members of the Board of Commissioners elected and serving. A. In order to be timely and effective, a County Executive veto must be certified to the County Commissioners by deliverance of the veto message to the County Clerk within 10 days after the date of the adoption of the ordinance or resolution. B. In computing of the ten-day time period, the first day is excluded and the last day is included. If the last day is a Saturday, Sunday or legal holiday, the period is extended to include the next day which is not a Saturday, Sunday or legal holiday. BE IT FURTHER RESOLVED that in accordance with Act 139, the County Board of Commissioners shall override a veto by the second meeting following the deliverance of the veto message to the County Board of Commissioners the message of veto. Chairperson, I move the adoption of the foregoing resolution.