HomeMy WebLinkAboutResolutions - 1995.08.17 - 24361August 17, 1995
MISCELLANEOUS RESOLUTION 195218
BY: FINANCE AND PERSONNEL COMMITTEE - JOHN P. MCCULLOCH,
CHAIRPERSON
IN RE: 52ND DISTRICT COURT - CHANGE OF OVERTIME DESIGNATION
FOR DISTRICT COURT OFFICER/LAW CLERK CLASSIFICATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the District Court has requested a review of the
overtime designation of the District Court Officer/Law Clerk
classification which is currently listed in the County Salary
Schedule as regular overtime; and
WHEREAS the District Court has requested that the overtime
designation be changed from regular overtime to no overtime; and
WHEREAS the District Court Officer/ Law Clerks function
primarily as the individual judge's court clerk and/or legal
research staff and are appointed by, and work directly for, the
judge and serve at the judge's pleasure; and
WHEREAS the Personnel Department has reviewed the Fair Labor
Standards Act and finds that the FLSA exempts persons from
overtime pay who are selected by an elected official "to be a
member of his personal staff" if such persons are not subject to
civil service laws, and serve solely at the pleasure of the
elected official; and
WHEREAS Department of Labor Regulations provide that "member
of personal staff" generally includes only persons who are under
the direct supervision of the selecting elected official and have
regular contact with such official; and
WHEREAS the District Court Officer/Law Clerk classification
meets this definition;
NOW THEREFORE BE IT RESOLVED that the classification of
District Court Officer/Law Clerk be changed in the County's
Salary Schedule from the "regular overtime" category to "no
overtime."
Chairperson, on behalf of the Finance and Personnel
Committee, I move the adoption of the foregoing resolution.
FINANCE AND PERSONNEL COMMITTEE
I HEREBY
L. BrooKs Pa
HE FOREGOING RE,(7:..CT;ON
County Executive Dat
44:t
glib.
Resolution #952i8 August 17, 1995
Moved by McCulloch supported by Garfield the resolution be adopted,
AYES: Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar,
Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers,
Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas. (25)
NAYS: None. (0}
A sufficient majority having voted therefor, the resolution 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 August 17, 1995 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 17th day of August 1995.
7-.
Allen, County Clerk