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HomeMy WebLinkAboutResolutions - 2016.03.30 - 22233REPORT (MISC. #16052) March 30, 2016 BY: Human Resources Committee, Bob Hoffman, Chairperson IN RE: COUNTY EXECUTIVE / CORPORATION COUNSEL - DELETE FIRST ASSISTANT CORPORATION COUNSEL POSITION AND CREATE TWO ASSISTANT CORPORATION COUNSEL POSITIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee, having reviewed the above referenced resolution on March 23, 2016, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing report. HUMAN RESOURCES COMMITTEE HUMAN RESOURCES COMMITTEE VOTE: Motion carried unanimously on a roll call vote. MISCELLANEOUS RESOLUTION #16052 March 30, 2016 BY: General Government Committee, Christine Long, Chairperson IN RE: COUNTY EXECUTIVE/CORPORATION COUNSEL — DELETE FIRST ASSISTANT CORPORATION COUNSEL POSITION AND CREATE TWO ASSISTANT CORPORATION COUNSEL POSITIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since Fiscal Year 2012, Corporation Counsel has experienced an increase in the number of assignments, including a 27% increase in new assignments and a 13% increase in the number of total assignments; and WHEREAS increased workload has been experienced due to filing of lawsuits to collect unpaid debts owed to Oakland County, negotiating complex information Technology contracts, and measures necessary to protect Oakland County's intellectual property; and WHEREAS evolving ADA and HIPAA requirements require Corporation Counsel to play a large role in assuring County compliance in those areas; and WHEREAS Circuit Court Administration has asked the Department of Corporation Counsel to take on a significant role with respect to bond forfeitures; WHEREAS Section 13 (e) of Public Act 139 states that the Department of Corporation Counsel is mandated to perform all civil law functions and property acquisition services for the County; and WHEREAS Corporation Counsel has thus far maintained this increased workload in-house, resulting in an overall savings in legal fees to Oakland County; and WHEREAS in order to continue this practice, Corporation Counsel has requested to create two (2) Full- Time Eligible attorney positions; and WHEREAS the recent retirement of the First Assistant Corporation Counsel at the end of January 2016 will provide the opportunity to redistribute workload; and WHEREAS the Corporation Counsel has requested to delete the First Assistant Corporation Counsel position (#1010501-00577) to assist in partially offsetting the cost to create two (2) additional attorney positions; and WHEREAS additional funding to offset the cost to create these positions will come from the Building Liability Insurance Fund which will be charged appropriately based on related services. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves to delete one (1) GF/GP First Assistant Corporation Counsel position (1010501-00577). BE IT FURTHER RESOLVED to create one (1) GF/GP funded Full-Time Eligible Assistant Corporation Counsel III position and one (1) GF/GP funded Full-Time Eligible Assistant Corporation Counsel I position within the County Executive Department, Corporation Counsel Division (1010501). BE IT FURTHER RESOLVED to delete the classification of First Assistant Corporation Counsel. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE C_\ Motion to directly refer the resolution to the Human Resources and Finance Coknjittees carried on a voice vote. GENERAL GOVERNMENT COMMITTEE Motion carried unanimously on a roll call vote with Woodward and Quarles absent. Salaries Fringe Benefit Adjust. Total Expenditures $ 3,520 $ 1,971 $ 5,491 $ 16,500 $ 9,084 $ 25,584 Planned Use of Balance $ 5,491 Total Revenues $ 5,491 $ 25,584 $ 25,584 FISCAL NOTE (MISC. #16052) March 30, 2016 BY: Finance Committee, Tom Middleton, Chairperson IN RE: COUNTY EXECUTIVE/CORPORATION COUNSEL — DELETE FIRST ASSISTANT CORPORATION COUNSEL POSITION AND CREATE TWO ASSISTANT CORPORATION COUNSEL POSITIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Corporation Counsel has experienced an increase in workload due to a rise in the number of assignments such as, unpaid debt collection lawsuits, negotiating complex Information Technology contracts, intellectual property protection measures, assisting Circuit Court with their bond forfeitures, as well as compliance with evolving American Disability Act (ADA) and Health Insurance Portability and Accountability Act (HIPPA) requirements. 2. The Department of Corporation Counsel is mandated to perform all civil law functions and property acquisition services for the county. 3. Corporation Counsel has worked to maintain this increased workload in-house. 4. In order to meet the increased demands, Corporation Counsel has requested the creation of two (2) General Fund/General Purpose (GF/GP) funded Full-Time Eligible (FTE) attorney positions: One (1) Assistant Corporation Counsel I position and one (1) Assistant Corporation Counsel III position. 5. Corporation Counsel is requesting to delete the vacated First Assistant Corporation Counsel position (#1010501-00577) to partially offset the cost of the new positions. 6. Funding for the balance of FY 2016 is $5,491 and for FY 2017 — 2018 is $25,584 which will come from the Building Liability Insurance Fund to offset the cost of these position changes. 7. The FY 2016— FY 2018 budget is amended as follows: Building Liability Insurance Fund (#67700) Revenues 9015501-182210-665882 Expenditures 1010501-182000-702010 1010501-182000-722900 FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. FY 2016 FY 2017-FY 2018 Lt[Jtit it4gREITY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45.559A (7) Resolution #16052 March 30, 2016 Moved by Kochenderfer supported by McGillivray the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Kochenderfer, Kowall, Long, McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Bowman, Crawford. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, 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 March 30, 2016, 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 30th day of March, 2016. /10-4e. Lisa Brown, Oakland County