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HomeMy WebLinkAboutResolutions - 1993.10.07 - 23899.1.0n11.1.100111n1111, .....`,1{11taMOMAINISk WOOMMINIT L. BROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE _Thank you for your anticipated Co, peration. L. BRIOrr PATTERSON CO Y EXECUTIVE 7 cn cL--N A COUNTY MICHIGAN TO SSAGE 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. EXECUTIVE OFFICE BUILDING • 1200 N TELEGRAPH RD DEPT 409 pONTIAC MI 48341-0409 • (313) 858-0484 • FAX (313) 452-9215 "„, 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, adjournment of the meeting at which the resolution or ordinanc- and shall... Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE which shall be considered to be the tim- is adopted, LI 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 this procedure. NOW THEREFORE are hereby amended to include 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 General 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 "Chairperson 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. L. Brooks Patter. FIERE:,/,ETO _....6n11N11111011:0%wwtm.._ County Executive REGOING RESOLUTION -/i -fj Date 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....ffixed the seal Rif the County of Oakland at Pontiac, Michigan this 7th day of Ocpabr Lynn D. Allen, County Clerk