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REPORT October 7, 1993
BY: GENERAL GOVERNMENT COMMITTEE-Donald W. Jensen, Chairperson
RE: M.R. #93171, BOARD OF COMMISSIONERS--EFFECTIVE DATE OF
ORDINANCES AND RESOLUTIONS POLICY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above
referenced resolution, reports with the recommendation that the
resolution be adopted with the following amendment in the NOW
THEREFORE BE IT RESOLVED paragraph: 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 resolution, which shall be considered to be the time
of adjournme Qt. of he meeting at which the resolution or ordinance
is adopted, and shall...
Chairperson, on behalf of the General Government Committee, I
move the acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS 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.
Resolution #93171 October 7, 1993
Moved by Jensen supported by Gosling thE 1 Government Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Jensen supported by Gosling the resolution be adopted.
Moved by Jensen supported by Gosling the resolution be amended to coincide
with the recommendation of the General Government Committee Report.
A sufficient majority having voted therefor, the motion carried.
Discussion followed.
Moved by Jensen supported by Gosling the resolution be amended in the first
BE IT FURTHER RESOLVED paragraph to add "ChairLerson or Chairperson designee".
A sufficient majority having voted therefor, the motion carried.
Vote on resolution, as amended:
AYES: Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid,
Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling. (24)
NAYS: None. (0)
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 October 7, 1993 with the original record
thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal f the
County of Oakland at Pontiac, Michigan this 7th day of Octor
Lynn D. Allen, County Clerk
°AMA! al)
COUNTY MICHIGAN
L. BROOKS PAI I ERSON, OAKLAND COUNTY EXECUTIVE
VETO ISSAGE
I regret I must veto Miscellaneous Resolution 93171.
I agree with the intent of the Resolution: to eliminate
any confusion on the procedure to be followed in the
process of approval, veto or override of any Board
resolution. However in the attempt to clarify that very
procedure, paragraph 3A misstates or possibly confuses
the very point regarding timeliness of the veto.
Paragraph 3A reads:
"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."
I would sign the Resolution if one word of paragraph
3A was amended as follows:
"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
presentation of the ordinance or resolution."
I respectfully request that the Board make the
amendment proposed in this Veto Message.
Thank you for your anticipated coAoperation.
L. BROOKS PATTERSON
COUNTY EXECUTIVE
EXECUTIVE OFFICE BUILDING 0 1200 N TELEGRAPH RD DEPT 409 • PONTIAC MI 48341-0409 • (313) 858-0484 • FAX (313) 452-9215
Resolution #93171 October 21, 1993
Moved by Gosling supported by Douglas to reconsider Resolution #93171 - BOARD
OF COMMISSIONERS-EFFECTIVE DATE OF ORDINANCES AND RESOLUTIONS POLICY, for the
purpose of amending the resolution.
A sufficient majority having voted therefor, the motion carried and Resolution
#93171 was before the board.
Moved by Gosling supported by Moffitt the resolution be amended in the first
BE IT FURTHER RESOLVED paragraph by deleting Section 3.A. and inserting the
following:
"A County Executive veto of an ordinance or resolution must be certified
to the County Commissioners by deliverance of the veto message to the
County Clerk within 10 days, measured in hours and minutes, from the time
presented to the County Executive."
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Price, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield,
Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, McCulloch, McPherson,
Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers. (24)
NAYS: None. (0)
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 October 21, 1993 with the original
record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and 7,ffixec the se ,11 of the
County of Oakland at Pontiac, Michigan this 21st day cf bctpb,7.J: 1993.
D. Allen, County Clerk
COUNTY MICHIGAN
Very truly yours,
L.-Brooks,dt'terson
County 4Xecutive
L. BROOKS PA! I ERSON, OAKLAND COUNTY EXECUTIVE
October 25, 1993
Mr. Lynn D. Allen
Oakland County Clerk
1200 N. Telegraph
Pontiac, MI 48341
Re: Withdrawal of Veto on
Resolution No. 93171
Dear Mr. Allen:
In reference to Resolution No. 93171 that I had
previously vetoed, please be advised that the Oakland
County Board of Commissioners on October 21, 1993 amended
the Resolution in response to my Veto Message. In view
of the Amendment, I hereby give notice of the withdrawal
of my veto. Please file this Withdrawal of Veto in the
appropriate public file.
LBP/dc
EXECUTIVE OFFICE BUILDING 6 1200 N TELEGRAPH RD DEPT 409 a PONTIAC MI 48341-0409 a (313) 858-0484 FAX (313) 452-9215