HomeMy WebLinkAboutResolutions - 1995.03.22 - 24517March 23, 1995
NESCFMLANEOUS RESOLUTICH #951169
BY: GENERAL GOVERNMENT COMMITTEE - KAY SCHMID, CHAIRPERSON
IN
BOARD OF COMMISSIONERS (SUPPORT) OF SAGINAW COUNTY'S
OPPOSITION TO LACK OF FUND:NG FOR PUBLIC ACT 61 OF
1994 AND THE RELATED PROVISIONS OF PUBLIC ACTS 62
THROUGH 70 OF 1994
TO THE CtAICLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS the Board of Commissioners for the County of Oakland supports the
action of the Saginaw County Board of Commissioners in its proposal to
challenge the lack of state funding for Public Act 61 of 1994 and the related
provisions of Public Acts 62 through 70 of 1994.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners hereby
requests the County Executive to direct Corporation Counsel to meet with the
appropriate officials, who have shown an interest in this litigation, to meet
to discuss the litigation, the scope of litigation, and the issues which
should be raised, before deciding whether to pay a pro-rata portion of the
legal expenses and costs involved.
BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the
Saginaw County Board of Commissioners.
rHnirren on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
RE:
LAW OrricEs
JENSEN, SMITH a GILBERT P. C
73,5 1N AN -5A ,F -1e5oa
February 10, 1995 0D3-4
5!' 79C•a05 -s
Dear Elected Official:
-1
R e: -Jacale.alglc Violence Act, PA 61 of:J,n221.
Headlee Amendment Vio lations
As you are aware, the Michigan Legislature recently adopted the
Domestic Violence Act, Public Act 61 of 1994 (MCL 600.2950).
This Act creates significant increases in costs for county
clerks, prosecutors, courts and county jails. Under the terms of
this Act, various individuals may obtain a restraining order from
a spouse, former spouse, or individual with whom he or she has a
child in common, or an individual residing in the same household.
The process requires the clerk's office to file and prepare
various injunctive documents to be sent by registered mail, and
provides for criminal contempt, fines and sentencing should this
injunction not be honored. Furthermore, the Legislature has, in
Public Acts 62 through 70 of 1994, created a comprehensive
statutory system which must be enforced, and which requires court
personnel, prosecutors and jails to take immediate action. The
financial impact on the counties who are required to enforce this
is obvious. Indeed, an informal survey by my office to various
small and mid-size counties reflects that this Act has created
(to no one's surprise) a greatly increased number of requests for
injunetions, the requirement for hearings, the appointment of
counsel, and increased personnel to handle the strain. The
requirement that the individual must be immediately arrested and
placed in custody for a period of time also increases jail
population issues.
The Saginaw County Board of Commissioners, in reviewing this
matter, believes that a lawsuit should be instituted against the
State of Michigan alleging that the extra costs incurred because
of the implementation of this Act is clearly a violation of the
Headlee Amendment which states, in part:
A new activity or service or an increase in the level
of any activity or service beyond that required by
existing law shall not be required by the legislature
or any state agency of units of local government,
unless a state appropeiatinn is made and disbursed to
pay the unit of local government for any necessary
increased costs. (Mich Cont 1963, art IX, 29).
JENSEN, SMITH 84 GILBERT, P. C.
Page 2
February 10, 1995
The Saginaw County Board of Commissioners, in order to make a
substantial impact and to fully expose the true fiscal burdens
placed upon local government because of these acts has authorized
this firm to solicit from other counties a request to participate
in this litigation. The County of Saginaw requests that the
counties agree to partiripate in the costs of litigation.
I am enclosing for your attention a form which I am requesting be
submitted to the Board of Commissioners of your County for their
review. Please return this form to my office. After March 15,
1995, I will assemble appropriate officials who have shown an
interest in this litigation to meet with me at a mutually
convenient place to discuss the litigation, the scope of
litigation, and issues which should be raised. The significance
in having other counties participate in this transaction is to
establish how this Act uniformly burdens every county, large,
small, and medium. It also allows us to provide to the courts,
as well as the state, some evidence of the necessary level of
funding by the Legislature.
I look forward to hearing from your County. If there are any
questions concerning the scope of litigation or proposed costs
please contact this office.
Sincerely yours,
2 7. c
•
Peter C. JenS4n
jau
Enc.
AUTHORIZATION FOR SUPPORT OF LITIGATION
The Board of Commissioners for the County of
supports the action of the Saginaw County Board
of Commissioners in its proposal to challenge the
constitutionality of Public Act 61 of 1994 and the related
provisions of Public Acts 62 through 70 of 1994.
The Board of Commissioners hereby authorizes that the County
of be appended as a party plaintiff to the
lawsuit challenging this Act; and authorizes the Saginaw County
Civil Counsel to proceed with the litigation on its behalf.
The Board of Commissioners hereby agrees to pay a pro rata
portion of the legal expenses and costs of the litigation
incurred by the County of Saginaw.
Dated: , 1995
APPROVED BY THE
COUNTY BOARD OF COMMISSIONERS
By:
Its: Chairman