HomeMy WebLinkAboutResolutions - 2018.06.13 - 23649REPORT (MISC. #18063) H June 13, 2018
BY: Commissioner Christine Long, Chairperson, General Government Committee
IN RE: MR #18063 - BOARD OF COMMISSIONERS - SUPPORT OF MICHIGAN HOUSE BILL 4706,
EXTREME RISK PROTECTION ACT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above referenced resolution on June 13,
2018, reports with the recommendation that the resolution be adopted with the following amendments:
MISCELLANEOUS RESOLUTION #18063
BY: Commissioners Marcia Gershenson, District #13; William Dwyer, District #14;
IN RE: BOARD OF COMMISSIONERS - SUPPORT DF—MICHIGAN-1-1044S
P-14€1 FOR EXTREME PROTECTION ORDER LEGISLATION IN
MICHIGAN
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS recent senseless tragedies in Las Vegas, NV, Sutherland Springs, TX and Parkland,
FL have deeply shaken our communities and the nation, these horrific acts have brought the
issues of public safety and gun violence to the forefront of our attention; and
WHEREAS developing practical, effective and legally sustainable policies to separate firearms
from people at risk of violence or suicide represents an important, but challenging public health
opportunity for gun violence prevention; and
WHEREAS an independent data collection and research group, Gun Violence Archive, has
compiled incidents of gun violence and gun crime nationally and found that 346 instances of
Mass Shootings had occurred in 2017 and 383 had been reported and confirmed in 2016; and
WHEREAS this "red flag" legislation aims-to authorizing extreme protection orders can
address a critical public safety problem by empowering families and law enforcement with the
ability to seek immediate relief from the judiciary to keep deadly weapons out of the hands of
individuals who pose a clear and present risk of harm to themselves or others; and
WHEREAS now, more than ever, Oakland County constituents are demanding leadership from
elected leaders at all levels of government on the critical issue of preventing gun violence and
ensuring the safety of our children; and
WHEREAS law enforcement officials have drawn attention to the need for provisions to
ensure this tool is not used as a retaliatory tactic and adding capabilities for law
enforcement to access online data to intervene before individuals pose an extreme threat;
and
WHEREAS, as "red flag" laws are debated throughout the nation, another significant issue
that has arisen is the lack of mental health care and resources associated with an extreme
protection order decision; and
WHEREAS while the concept of "red flag" legislation is rapidly gaining momentum
throughout the nation, it is critical that legislators take adequate time to carefully craft this
legislation to ensure that the rights of all parties are respected and that this new tool can
be effectively utilized by families and law enforcement to enhance public safety.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
declares their support of (TOE n 71:1
the concept of extreme protection order or
"red flag" legislation and encourages members of the Michigan Legislature to carefully
consider as they move forward with their deliberations the following issues: the rights of
all parties, including due process under the law; create provisions to ensure individuals in
need of mental health treatment receive appropriate care; strengthen provisions to allow
law enforcement to intervene and assist troubled individuals prior to tragedies occurring;
create penalties to ensure this tool is not used as a retaliatory tactic; and learning from the
most effective statutes in the nation to create an effective tool for law enforcement and
families.
BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to
forward copies of this adopted resolution to the Governor of the State of Michigan, the Lt.
Governor of the State of Michigan, the Oakland County members of the Michigan congressional
delegation, • . .. • • • and all members
of the Michigan Legislature.
Chairperson, I move the adoption of the foregoing resolution.
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
La
Commissioner Christine Long, i&rict #7
Chairperson, General Govern! a Committee
GENERAL GOVERNMENT COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Hoffman absent.
MISCELLANEOUS RESOLUTION #18063
BY: Commissioners Marcia Gershenson, District #13; William Dwyer, District #14; Z/fr/ l")"
IN RE: BOARD OF COMMISSIONERS - SUPPORT OF MICHIGAN HOUSE BILL 4706, EXTREME RISK
Joit-t4" Jaci5n PROTECTION ACT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS recent senseless tragedies in Las Vegas, NV, Sutherland Springs, TX and Parkland, FL have -----
deeply shaken our communities and the nation, these horrific acts have brought the issues of public safety
and gun violence to the forefront of our attention; and
WHEREAS developing practical, effective and legally sustainable policies to separate firearms from people
at risk of violence or suicide represents an important, but challenging public health opportunity for gun
violence prevention; and
WHEREAS an independent data collection and research group, Gun Violence Archive, has compiled
incidents of gun violence and gun crime nationally and found that 346 instances of Mass Shootings had
occurred in 2017 and 383 had been reported and confirmed in 2016; and
WHEREAS Representative Robert Wittenberg recently introduced House Bill No. 4706, to provide for the
issuance of restraining orders prohibiting certain individuals from possessing or purchasing firearms and
ordering the seizure of a restrained individual's firearms; and
WHEREAS House Bill No. 4706, commonly known as the "extreme risk protection act", is modeled after
"red flag" legislation that has been adopted in five states - California, Oregon, Connecticut, Washington and
Indiana; and
WHEREAS this legislation aims to address a critical public safety problem by empowering families and law
enforcement with the ability to seek immediate relief from the judiciary to keep deadly weapons out of the
hands of individuals who pose a clear and present risk of harm to themselves or others; and
WHEREAS "red flag' legislation has the potential of breaking the partisan divide on the critical issue of
addressing gun violence - attracting support from a diverse group of political leaders from Republicans,
Sen. Marco Rubio and Fmr. Florida Governor Jeb Bush to Democratic Sen. Dianne Feinstein and Rep.
Salud Carbajal; and
WHEREAS now, more than ever, Oakland County constituents are demanding leadership from elected
leaders at all levels of government on the critical issue of preventing gun violence and ensuring the safety
of our children.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby declares
their support of House Bill 4706 and urges the legislature to adopt this important public safety legislation
without further delay.
BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward
copies of this adopted resolution to the Governor of the State of Michigan, the Lt. Governor of the State of
Michigan, the Oakland County members of the Michigan congressional delegation, and the members of the
Michigan House Judiciary Committee.
Chairperson, I move the adoption of the foregoing Resolution.
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Resolution #18063 March 21, 2018
The Motion to Discharge MR #18063 was postponed to the April 19, 2018 Board of Commissioners
Meeting as requested by Commissioner Gershenson.
Resolution #18063 February 21, 2018
The Vice-Chairperson referred the resolution to the General Government Committee. There were no
objections.
Resolution #18063 April 19, 2018
The Motion to Discharge MR #18063 was postponed to the May 2, 2018 Board of Commissioners
Meeting as requested by Commissioner Woodward.
Resolution #18063 May 2, 2018
Moved by Gershenson supported by Zack to discharge the resolution from the General Government
Committee.
Discussion followed.
AYES: McGillivray, Quarles, Woodward, Zack, Bowman, Gershenson, Jackson. (7)
NAYS: Middleton, Spisz, Taub, Tietz, Weipert, Berman, Crawford, Fleming Gingell, KowaII,
Long. (11)
A sufficient majority having not voted in favor, the motion to discharge this resolution failed.
Resolution #18063 June 13, 2018
Moved by Hoffman supported by Zack the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Fleming, Gershenson, Hoffman, Jackson, Kochenderfer, Kowall, Long,
McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman,
Bowman. (19)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
DOES NOT REQUIRE COUNTY EXECUTIVE ACTIOF
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 June 13, 2018,
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 13th day of June, 2018.
Lisa Brown, Oakland County