HomeMy WebLinkAboutResolutions - 2018.11.14 - 23861MISCELLANEOUS RESOLUTION #18375 November 14, 2018
BY: Commissioner Thomas Middleton, Chairperson, Finance Committee
IN RE: MANAGEMENT & BUDGET — MANDATED MICHIGAN INDIGENT DEFENSE COMMISSION
FUND
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Indigent Defense Commission Act (MIDCA), MCL 780.981 et seq., requires
local funding units to take over the delivery of indigent defense systems. MCL 780.983(g) and MCL
780.993(10); and
WHEREAS the County of Oakland ("County") is the local funding unit of the 6th Circuit Court and the four
election division districts of the 52nd District Court; and
WHEREAS MIDCA requires the County to calculate its "local share" of indigent defense expenditures,
defined as the funding unit's average annual expenditures for indigent defense services for Fiscal Years
2010, 2011, and 2012, "excluding money reimbursed to the system by individuals determined to be
partially indigent." MCL 780.983(h); and
WHEREAS MIDCA requires the County to create compliance plans and the cost analyses required to
deliver indigent defense services that comply with the standards adopted and approved by the Michigan
Indigent Defense Commission ("MIDC") by November 20, 2017. MCL 780.993(3); and
WHEREAS MIDCA 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 established by
the MIDC. MCL 780.993(6); and
WHEREAS the MIDCA requires that the MIDC provide grant monies to local funding units for costs in
excess of the local share to bring indigent defense systems into compliance with the minimum standards
established by the MIDC. MCL 780.993(7); and
WHEREAS MIDC guidance documents require the following as a condition of the awarding of all future
grants:
1. The County shall create a Mandated MIDC Grant Fund;
2. The Mandated MIDC Grant Fund shall be used for the sole purpose of accepting grant
funds from MIDC and charging all indigent defense related costs to the Mandated MIDC
Grant Fund; and
3. Any MIDC-provided funding in the Mandated MIDC Grant Fund shall not revert to the
County's general fund at the close of a fiscal year but shall be rolled over into the next
fiscal year.
NOW THEREFORE BE IT RESOLVED that the title of the Mandated Grant Fund be the Mandated
Indigent Defense Fund.
BE IT FURTHER RESOLVED that the Mandated Indigent Defense Fund shall be used for the sole
purpose of accepting grant funds from the MIDC and accounting for all indigent defense related costs and
related revenues in the Mandated indigent Defense Fund.
BE IT FURTHER RESOLVED that any remaining fund balance in the Mandated Indigent Defense Fund
account shall not revert to the County's general fund at the close of the fiscal year but shall remain in the
Mandated Indigent Defense Fund and be rolled over into the next fiscal year.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing r,esolution,
itz-e-
Commissioner Thomas Middleton, District 4
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
Resolution #18375 November 14, 2018
Moved by Crawford supported by Quarles the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Fleming, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, KowaII, Long,
McGillivray, Middleton, Quarles, 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 Consent
Agenda were adopted (with accompanying reports being accepted).
1 HEFIM APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
STATE OF MICHIGAN)
ACTING PURSUANT TO MCL 45,559A (7)
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 November 14,
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 14th day of November, 2018.
Lisa Brown, Oakland County