HomeMy WebLinkAboutResolutions - 2017.12.07 - 23216MISCELLANEOUS RESOLUTION #17345 December 7, 2017 7(0,
BY: Commissioner Christine Long, Chairperson, General Government Committee
IN RE: BOARD OF COMMISSIONERS — OPPOSING THE MICHIGAN INDIGENT DEFENSE
COMMISSION'S PROPOSED AMENDMENTS TO THE MICHIGAN INDIGENT DEFENSE ACT, MCL
780.991 et al
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Indigent Defense Commission Act (MIDC Act), MCL 780.981 et al, requires local
funding units (counties, cities, villages and townships) to take over the delivery of indigent defense
systems. MCL 780.983(g) and MCL 780.993(10); and
WHEREAS the County is the local funding unit of the 6th Circuit Court and the four election division
districts of the 52nd District Court; and
WHEREAS within the County there are also the 35th, 43(d, 44th 46th 48th, 50th, 51st, 52" and
67th District Courts that will be impacted by the proposed amendments to the MIDC Act; and
WHEREAS the MIDC Act requires the State of Michigan to appropriate funds to the MIDC necessary to
bring indigent defense systems into compliance with the minimum indigent defense standards. MCL
780.993(6); and
WHEREAS the Department of Licensing and Regulatory Affairs has approved the first four minimum
indigent defense standards proposed by the M1DC; and
WHEREAS the MIDC Act requires the County of Oakland to create compliance plans and the cost
analyses required to deliver indigent defense services in compliance with the first four approved MIDC
standards by November 20, 2017. MCL 780.993(3); and
WHEREAS the Michigan Indigent Defense Commission (MIDC) has repeatedly approved multiple
compulsory rules, including funding limits on expenditures, and regulated rates of payments, without
complying with the Administrative Procedures Act, MCL 24.201 et seq.;
WHEREAS the MIDC refuses to supply local funding units, including the County, with the proposed rules
and proposed legislative amendments prior to Commission meetings despite requests, which prohibits
any meaningful participation by local funding units in the MIDC public meetings; and
WHEREAS the MIDC is seeking multiple amendments to the MIDC Act without any input from local
funding units; and
WHEREAS the MIDC is seeking an amendment to the MIDC Act which states "The costs, expenditures,
and rates proposed by the [MIDC] are presumed reasonable," requiring the County to overcome an
exceedingly high presumption of reasonableness (See MCL 780.993(4)); and
WHEREAS the MIDC is seeking an amendment to the MIDC Act to give the MIDC the authority to deny
funding to local funding units for indirect costs even if the costs are the result of the County's
implementation of the indigent defense system plan required by the MIDC (See MCL 780.993(4);
WHEREAS the MIDC is seeking a legislative amendment requiring funding units meet a "clear justification
and compelling rationale" standard before their funding requests can be approved (MCL 780.993(4); and
WHEREAS the MIDC is seeking an amendment to the MIDC Act which gives the MIDC the authority to
approve a local funding unit's entire compliance plan and the authority to deny any "portions" of the
accompanying funding request, which allows the MIDC to require compliance without providing adequate
funding, resulting in an unfunded mandate in violation of the Headlee Amendment, Article 9, §29 of the
Michigan Constitution of 1963 (See MCL 780.993(4)); and
WHEREAS the MIDC is seeking an amendment to the MIDC Act which would redefine "local share" by
mandating that any collected reimbursements of fees from partially indigent defendants who plead guilty
or are found guilty are deducted from the local funding unit's subsequent year grant and added to the
County's local share calculation in violation of MCL 780.983(h)(definition of local share); thus, penalizing
local funding units for seeking reimbursements from these defendants and creating a local disincentive for
collections of those reimbursements (See MCL 780.993(15)); and
WHEREAS these amendments to the MIDC Act will result in an unfunded mandate in violation of the
Headlee Amendment, Article 9, §29 of the Michigan Constitution of 1963; and
WHEREAS the local funding units, including the County, are heavily impacted by the current approved
minimum standards, new proposed minimum standards and the proposed amendments to the MIDC Act;
and
WHEREAS local funding units, including the County, have no meaningful representation on the unelected
MIDC; and
WHEREAS, of the unelected fifteen voting members of the MIDC, only one member is appointed to
represent all the local funding units in the entire State;
WHEREAS until such time that local funding units have meaningful representation of at least five voting
members on the MIDC, the legislature should not consider any amendments to the MIDC Act; and
WHEREAS for these reasons, the Oakland County Executive is opposed to the passage and enactment
of the MIDC Proposed Amendments to the MIDC Act.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
opposes the passage of any of the MIDC Proposed Amendments to the MIDC Act specifically described
in this resolution;
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to the Governor, the Oakland County members of the Michigan legislature delegation,
the Michigan Association of Counties, the Oakland County Executive, the Chief Judges of the 35, 43rd,
44,h, 451h, 46th . 47th 48th 7 50th, 51 st7 52nd and 67th District Courts located within the County and the
government relations consulting firm representing the interests of the Oakland County Board of
Commissioners.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
Commissioner Christine Long, lJit1ict 7
Chairperson, General Governmertt ommittee
GENERAL GOVERNMENT COMMITTEE VOTE:
Motion carried on a roll call vote with Woodward voting no.
Resolution #17345 December 7, 2017
Moved by Long supported by Weipert the resolution be adopted.
AYES: Fleming, Gershenson, Gingell, Hoffman, Jackson, Kowall, Long, McGillivray, Middleton,
Quarles, Tietz, Weipert, Zack, Berman, Crawford, Dwyer. (16)
NAYS: Woodward. (1)
A sufficient majority having voted in favor, the resolution was adopted
GERALD D. POISSON
CHIEF DEPUTY COUNTY EXECUTIVE.
ACTING PURSUANT To MCI 4S 559A(7)
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 December 7,
2017, 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 7th day of December, 2017.
Lisa Brown, Oakland County
