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HomeMy WebLinkAboutResolutions - 1995.05.25 - 24559MIPMMI! 1n1•11111nn CAMANEW L RECEIVV2 1,41: . BROOKS PATTERIAYAKI.M156CtirkeWEXECUTIVE - COUNTY MICHIGAN '95 JUN -6 P3:33 VETO WITHDRAWAL if I'EF UT Y COUNT Y CLERK On June 1, 1995 I vetoed Misc. Resolution 95-146 which calls for an immediate $3.5 million expansion of the Oakland County Jail. I vetoed that Resolution to make a point: that we, as government, must approach the budgetary process as a whole. We cannot spend $3.5 million to build and operate new jail facilities and then without fanfare, a month or so later, vote $1 million in additional subsidies for Sheriff's Department contract rates that benefit only a few communities. Since there is a limited amount of money available, all of our actions must be taken with regard to the total budgetary consequences. Since my June 1, 1995 veto, I have been contacted by several Commissioners who have urged me not to tie jail expansion to Sheriff's Department contract rates. I have been assured by those Commissioners that the contract rates proposed by the Public Services Committee are not the final rates, that the rates will be changed and made more fair. There will not be $1 million in additional subsidies for the nine townships and one city at the expense of the remainder of the County. It is clear that I have accomplished my goal. Too often things happen in government behind the scenes. What appear to be routine budgetary matters in committees often times escapes the public's and the media's scrutiny. It was my intent to focus attention on the upcoming issue of inadequate and underfunded contract rates that benefit only the few. I have accomplished that objective. The County Executive's veto power is designed to guard against the passing of bad laws through haste, inadvertence or design. Overly generous contract subsidies are bad public policy and cannot be tolerated. I stand firm in my objection to the proposed contract subsidies. I will veto any attempt to set rates that unfairly benefit the few at the expense of the many. Fairness to taxpayers demands nothing less. Since I have accomplished my goal, and have received assurances that the Board will revisit the contract rate issue, I hereby withdraw my veto of Misc. Resolution 95-146. DATED; JUNE 6, 1995 L. BROOKS ATTERSON OAKLAND COUNTY EXECUTIVE EXECUTIVE OFFICE BUILDING * 1200 N TELEGRAPH 90 DEPT 409 • PONTIAC MI 48341-0409 • (810) 850-0484 • FAX 0310) 42-9215 MISCELLANEOUS RESOLUTION 95-146 VETO MESSAGE As Chief Administrative Officer of Oakland County, the Uniformed Budget and Accounting Act mandates that I, as County Executive, have final responsibility for budget preparation and for controlling expenditures under the Budget and General Appropriations Act. Further, in situations where revenues are less than authorized expenditures, the law requires that I present to the Board of Commissioners proposals that will prevent expenditures from exceeding revenues. With these obligations in mind, I have vetoed Misc. Resolution 95-146. This Resolution appropriates $1.348 million for the construction of new jail facilities and creates 26 new Sheriff's Department employee positions to operate the new jail. The operational costs for the jail expansion will be at least $1.9 million per year going forward. In addition, it is important to note that the Board of Commissioners has already approved new labor contracts for the Sheriff's Deputies that include 3 percent wage increases in 1996 and 1997. The County's ability to pay the ongoing operational costs for jail expansion and for the Deputy Sheriff's salary increases has been compromised by the recent action of the Public Services Committee of the Board of Commissioners. On Tuesday, May 30, 1995, that Committee voted to recommend to the full Board Sheriff's Department law enforcement services contract rates for the years 1996, 1997 and 1998. The Public Services Committee, under the Chairmanship of Commissioner Lawrence A. Obrecht, Lake Orion, deliberately proposes to set the law enforcement contract rates at a level far less than the actual cost incurred for providing the services; at a level that will cost the County's General Fund some $1 million over the next three years. The proposed rates will not even cover the increased salary costs for Deputy Sheriffs already approved by the Board! Veto Message Misc. Resolution 95-146 Page Two Such an outright gift of services to the nine townships and one major city which contract with the Sheriff's Department is not only of questionable legality, but is dangerous public policy. Clearly, at some point the underfunding becomes an unconstitutional grant of county credit to local units. Additionally, while certainly making the contracts more attractive to the few communites that benefit, pricing Sheriff's law enforcement services contract rates at far less than actual cost unfairly penalize those communities who fund their own police departments. Their taxpayers will have to make up the difference between the actual cost of the County providing law enforcement services and the rates proposed to be charged. It also unfairly penalizes the operations of the remaining departments of county government: the Clerk, the Treasurer, the Prosecutor, the Drain Commissioner, the Courts, and the Executive departments who clearly must share the burden of paying for the local bonuses. These rate bonuses are even more unfair when one considers the fact that the State Equalized Value of property in the nine townships and one major city contracting with the Sheriff's Department grew an average of 11.6 percent in 1994, while the remainder of the County grew at only 5.4 percent. Orion Township, Chairperson Obrecht's home community, grew a staggering 25.1 percent. There is simply no reason not to charge fair value for law enforcement contract services, especially for communities whose State Equalized Values are growing at twice the rate, and for some, like Orion Township, at almost five times the rate, of the remainder of the County. There is not enough revenue to fund both the jail expansion contemplated in Misc. Resolution 95-146 and to provide law enforcement services at the rates proposed by the Public Services Committee. These issues must be addressed together. Veto Message Misc. Resolution 95-146 Page Three Accordingly, fiscal responsibility and my duties under the law dictate that I veto the Jail Expansion Resolution and hold the issue until we know with finality the cost to the General Fund of the law enforcement contracts. We can then responsibly address the issue of the scope of the jail expansion. The Michigan Court of Appeals noted that the purpose of the County Executive's veto power is to guard against the passing of bad laws through haste, inadvertence or design. I believe that the underfunding of law enforcement contract services, while expanding jail operations, is bad law, and for that reason I have exercised this veto. L. BROOKS PATTERSON OAKLAND COUNTY EXECUTIVE 1996 1997 1998 $12,208,345 $12,696,644 $13,204,480 $96,268 $295,257 $624.635 $12,112,077 $12,401,387 $12,579,845 Total Additional County Tax Funding Required $1,016,160 LAW ENFORCEMENT SERVICE CONTRACTS PROJECTED REVENUE ADJUSTED FOR DIFFERENT ASSUMPTIONS Executive Recommendation (Covers 3% Negotiated Salary Increase) Public Services Committee Proposal (Does Not Cover Negotiated Salary increase) Additional Tax Dollars Required To Cover Negotiated Salary Increase The Projected Revenue is based on the proposed rates multiplied by the number and types of Law Enforcement Services Contracts approved by the Board of Commissioners as of June 1, 1995. Prepared by: Budget Division 06/01/95 AMOUNT PERCENT 10.3% 11.7% 19.6% 7.8% 10.3% 5.7% 10.0% 25.1% 12.6% 53% 11.6% 5.4% 6.5% COMPARISON OF CHANGES IN STATE EQUALIZED VALUE FOR LAW ENFORCEMENT SERVICES CONTRACTED COMMUNITIES 1993 STATE EQUALIZED VALUE 1994 STATE EQUALIZED VALUE ADDISON TOWNSHIP BRANDON TOWNSHIP COMMERCE TOWNSHIP HIGHLAND TOWNSHIP INDEPENDENCE TOWNSHIP LYON TOWNSHIP OAKLAND TOWNSHIP ORION TOWNSHIP SPRINGFIELD TOWNSHIP ROCHESTER HILLS TOTAL CONTRACT COMMUNITIES ALL OTHER TOTAL COUNTY $139,668,510 221,463,205 806,349,450 339,918,050 640,966,300 237,812,278 341,958,400 693,468,900 243,411,780 1,892,574,200 $5,557,591,073 $25,622,668,557 $31,180,259,630 $154,100,066 247,393,984 964,001,600 366,332,790 707,024,000 251,420,605 376,070,830 867,253,100 274,202,030 1,993,262,750 $6,201,061,755 $27,011,875,140 $33,212,936,895 $14,431,556 25,930,779 157,652,150 26,414,740 66,057,700 13,608,327 34,112,430 173,784,200 30,790,250 100,688,550 $643,470,682 $1,389,206,583 $2,032,677,265 Prepared by: Budget Division , May 25, 1995 REPORT (Misc. #95146) BY: FINANCE AND PERSONNEL commrrrEE, JOHN P. McCULLOCH, CHAIRPERSON IN RE: SHERIFF'S DEPARTMENT - ADDITIONAL INMATE HOUSING AND THE CREATION OF TWENTY-SIX (26) POSITIONS - MISCELLANEOUS RESOLUTION #95146 TO TEE OAKLAND COUNTY BOARD OF COMMISSIONERS (hairperson, Ladies and Gentlemen: The Finance and Personnel Committee, having reviewed the above referenced resolution, recommends its adoption with the following amendments: s. Add the following paragraphs before the "BE IT FURTHER RESOLVED" paragraph: "WHEREAS of additional inmate housing is a t rary solution to an immediate problem, there are larger questions trt answered concerning the operations of the entire criminal justice system in Oakland County particularly as it relates to the problem of jail overcrowding; and WHEREAS current resources, allocated to divert individuals from the jail, have not been used to the maximum extent, contributing, in part, to the current overcrowding, specifically the under utilization cf Community Correction's Probation Rnmdential Centers which may result in the return of $.5 million to the state, as well as the underutilization of the Sheriff's boot camp; and WHEREAS the prudent use of taxpayer dollars requires that before further jail expansion is considered, the elected officials and departments who participate in the criminal justice system study the current system to develop a strategic plan utilizing the current resources to the maximum extent possible, reducing Oakland County's future dependence on jail facilitates; and WHEREAS such a study should include, at minimum: -research into the development of a computerized integrated justice system through the assistance of the National Center for State Courts, -discussions with all courts in the County, particularly the 50th District Court in Pontiac, encouraging them to utilize the County's Community Corrections Programs and services, -a study of the sentencing patterns used in the County providing judges with vital information to develop consistent sentencing and encourage the use of Community Corrections Programs and alternative sentencing practices such as boot camp, -review of the County's physical plant to he certain that jail space is used in the most effective manner, including the possibility of new construction, -a study as to the effect on the general jail population of the housing of local ordinance violators and other non- violent offenders; and WHEREAS the Community Corrections Advisory Board (CCAB), which is charged with coordinating jail diversion and alternative sentencing programs should he involved in such a study; and WHEREAS since the scope of this study is beyond the charge of the CCAB, and since the Termination Agreement entered on the County as a result of past jail overcrowding required the County to maintain a jail use planning committee, the Board of Commissioners should formally establish a Jail Task Force (UT!') to work with the CCAB in conducting the study and continue as the jail use planning committee; and WHEREAS the use of outside experts, independent of the Oakland County criminal justice system, to assist the CCAB/JTF study committee, in gathering necessary information and obtaining independent suggestions is recommended; and WHEREAS the CCAB has some funds available to contract for this service; and WHEREAS the Department of Information Technology is investigating data processing requirements for the new facility and will report back to the Finance and Personnel Committee regarding equipment recommendations." 2. Add the following after the final "BE IT FURTHER RESOLVED" paragraph: "BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners establish a Jail Task Force (JTF) consisting of the following-members: Chief Judge of the 6th judicial Circuit Court (or designee) Chief Judge of the 52nd District Court (or designee) Oakland County Sheriff (or designee) Oakland County Prosecuting Attorney (or designee) Member of Board of Commissioners Public Services Committee Member of Board of Commissioners' Planning and Building Committee Member of Board of Commissioners' Finance and Personnel Committee Director of the Department of Management and Budget (or designee) Director of the Department of Facilities Management (or designee) Director of the Department of Personnel (or designee) Chief Probation Officer - Oakland County Circuit Court Probation BE IT FURTHER RESOLVED that the appointments shall be made by the Chairperson of the Board of Commissioners. BE IT FURTHER RESOLVED that the Board of Commissioners charges the Community Corrections Advisory Board (CCAB)and the Jail Task Force (JTF) with forming a joint committee to conduct a study of the Criminal Justice System in Oakland County at minimum covering the areas of concern listed above in this resolution, and that the joint committee provide the Board of Commissioners and the County Executive with reruill=idaticzas as to systematic changes that can be implemented to reduced County dependence on the main )ail. BE IT FURTHER RESOLVED that the :oint committee is authorized to utilize CCAE resources to contract with outside experts, through the established Purchasing Practices, to conduct a portion or all of the required study. BE IT FURTHER RESOLVED that those elected officials and departments participating in the joint committee provide the committee with the information it requires to develop a thorough study including, but not limited to: -number of inmates in the jail system by location (simplification of jail track system); -irientifirAtinn of inmates by charge and district court; -length of sentence; -remaining time to be served; -notification of release by District Court. BE IT FURTHER RESOLVED that the joint study be completed and reported back to the Board of Commissioners before further jail expansion is initiated." Chaizperson, on behalf of the Finance and Personnel Committee, I move acceptance of the foregoing report. FINANCE AND PERSONNEL COMMITTEE REPORT (Misc. #95146) May 11, 1995 BY: Planning and Building Committee, Charles Palmer, Chairperson RE: Sheriff-Inmate Housing and the Creation of 26 Positions TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS rhairpPrnn, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above-referenced Public Services Committee resolution on May 2, 1995, reports with the recommendation that the resolution be adopted. rhAiTTPrqnr, on behalf of the Planning and Building Committee, move acceptance of the foregoing report. Planning and Building Committee MISCELLANEOUS RESOLUTION #95146 May 11, 1995 By Public Services Committee, Lawrence A. Obrecht, Chairperson IN RE: SHERIFF'S DEPARTMENT - ADDITIONAL INMATE HOUSING AND THE CREATION OF TWENTY-SIX (26) POSITIONS To The Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Jail, including satellite facilities, has been at capacity for over a year with new inmates being committed on a daily basis; and WHEREAS the Sheriff is already utilizing approximately 130 beds in other County facilities to keep the Oakland County Jail system within rated capacity, there is little opportunity to expand the use of out-County facilities; and WHEREAS the crowded conditions in the jail have led to the filing of a number of lawsuits and increased the danger of a jail emergency having to be declared; and WHEREAS efforts have begun to reduce the jail population including expansion of community corrections programs, however, these efforts will not provide significant jail population reduction in the near term; and WHEREAS the Department of Facilities Management is soliciting architects to design a permanent structure increasing available jail beds, however should a new structure be recommended actual occupancy will be several years away; and WHEREAS the Sheriff has requested the construction or lease of structures to provide increased inmate housing to meet the immediate need while alternatives are reviewed and discussed; and WHEREAS to meet this immediate need, the Department of Facilities Management recommends that a work project be created to erect two masonry block buildings at the Trusty Camp, housing 200 inmates in total, estimated work site and construction cost equals $1,348,000 including a 156 contingency; and WHEREAS the new structures will also include facilities for a Trusty Camp laundry; and WHEREAS both in-house staff and outside contractors will be utilized to perform project work activities; and WHEREAS in order to erect theses structures in a timely manner, the Director of Facilities Management, or his designee, will function as the construction manager for this project and will work with the Purchasing Division to obtain the necessary services and materials; and WHEREAS the Sheriff requires 26 positions to staff these facilities on a 24 hour, 7 day a week basis including one (1) Sergeant, eleven (11) Deputy II, twelve (12) Deputy I. one (1) Clerk III positions and one (1) Inmate Caseworker; and WHEREAS five (5) Deputy II and five (5) Deputy I positions can be used immediately to cover inmates housed at D Building, which is currently being covered by overtime, these positions can be transferred over to the new structures once they open; and WHEREAS the remaining positions would begin 30 days before the scheduled opening of the new structures; and WHEREAS annual operating cost are estimated to be $1.9 million; and WHEREAS funds are available in the non-departmental account entitled "Reserve for Future Jail Operations" and in the 1995 Capital Improvement Program to cover the construction and capital cost, as well as operating cost for the balance of 1995. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the construction of two masonry block buildings at the Trusty Camp to increase inmate housing_ BE IT FURTHER RESOLVED that a work project be created in the amount of $1,348,000 to provide for the required site work and construction. BE IT FURTHER RESOLVED that the following full time eligible, governmental funded positions be created in the Sheriff's Department, Corrective Services Satellite Division, in a new unit entitled "Pre-Trial Housing" (#434-10): one (I) Sergeant eleven (11) Deputy II twelve (12) Deputy I one (1) Clerk III one (1) Inmate Caseworker BE IT FURTHER RESOLVED that five (5) Deputy II and five (5) Deputy I positions are authorized to begin immediately, the remaining positions will begin 30 days prior to scheduled occupancy. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. 6:$ P C SERVICES COMMITTEE , 6.AdVeLt,"Tt, 4 c n:\budget\sheriff\temphos.mr • • May 25, 1995 FISCAL NOTE (Misc. #95146) BY: FINANCE AND PERSONNEL COMMrriEE, JOHN P. McCULLOCH, CHAIRPERSON IN RE: SHERIFF'S DEPARTMENT - ADDITIONAL INMATE HOUSING AND THE CREATION OF TWENTY-SIX (26) POSITIONS - MISCELLANEOUS RESOLUTION #95146 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-G of this Board, the Finance and Personnel Committee has reviewed Miscellaneous Resolution #95146 and finds: 1. In order to meet an immediate need for additional inmate housing, the Department of Facilities Management recommends the construction of two (2) buildings on the Trusty Camp ground, holding 100 inmates each. 2. One-time costs including construction and purchase of capital equipment equals $1,662,026 as detailed on the attached schedule. 3. In order to properly staff the new facilities, the Personnel Department recommend twenty-six (26) new positions be created, including one (1) Sergeant, eleven (11) Deputy II, twelve (12) Deputy I, one (1) Clerk III and one (1) Inmate Caseworker. 4. Five (5) Deputy II and five (5) Deputy I positions are recommended for immediate creation to staff the "D Building" operation, which is currently operating on an overtime basis. These ten (10) positions would be transferred to the new facilities as they are occupied. 5. The remaining positions will be fill approximately thirty (30) days prior to occupancy of the new facilities. 6. Operating cost for the balance of 1995 equals $704,618, operating cost for 1996 are estimated to be $1,883,926. 7. Funds are available in the non-departmental account entitled "Reserve for Future Jail Operations" and in the 1995 Capital Improvement Program to fund the one-time cost and 1995 operating cost. Operating cost for 1996 will be incorporated into the 1996/1997 Biennial Budget Recommendation. 8. The 1995 Budget should be amended, as specified below, to cover the cost of the additional inmate housing: Dcenditures 4-10100-909-01-00 4-10100-434-10-00 4-10100-434-10-00 4-10100-434-10-00 4-10100-432-01-00 4-10100-439-10-00 4-10100-431-01-00 4-10100-434-10-00 4-10100-434-10-00 4-10100-434-10-00 4-10100-434-10-00 4-10100-433-35-00 4-10100-434-10-00 4-10100-434-10-00 4-10100-434-10-00 -3080 Future Jail Operations -1001 Salaries -1002 Overtime -2070 Fringe Benefits -3774 Uniform Replacement -4820 Deputy Supplies -6735 Liability Insurance -6310 Building Space -6331 Housekeeping Supplies -3452 Laundry and Cleaning -6610 Leased Vehicles -3128 Food Services -5665 Equity Trns. Vehicles -8404 Work Project -9998 Capital Outlay $(1,986,644) 303,700 54,928 169,011 12,624 11,668 21,189 26,875 19,981 5,213 3,848 75,581 13,100 1,218,000 5.926 0 9. The $380,000 budgeted in the 1995 Capital Improvement Program be used to cover the balance of the construction cost on this project. FINANCE AND PERSONNEL COMMIT.LEE Total Sources 52,366.644 $1.683.92$ ESTIMATED IMPACT ON 1995 AND 1996 BUDGET RELATED TO OPERATION OF 200 BED STRUCTURES AT THE TRUSTY CAMP Lone - Item ;Phase I (eat start May 27) Aawual Cast for Cost for Cost Balance of 1995 1996 Staffing Deputy 11-5 5253,470 5146,233 $261,072 Deputy I - 5 172.360 99.438 ill 533 $425,830 $245,671 5438,605 Phase II (est. start August 26) I Staffing . ,. Sergeant - 1 $67,532 522.078 $68,796 Deputy ll -6 304,164 99,438 313,286 Deputy I - 7 241,304 78,886 248,547 Inmate Caseworker 50,387 15,473 51,898 Clerk III 31 .089 10.184 32,022 5694,476 5227,040 $714,549 Overtime $120,720 $54,928 $124,342 Total Staffing $1,241,026 $527,639 $1,277,496 .Phase III (eat start Oct 1) Operating Uniform Expense $12,624 $12,624 $12,624 Deputy Supplies 11,688 11,668 11,658 Liability Insurance 46,416 21.169 46,416 Building Spaae 107,500 26.875 107,500 Housekeeping Supplies 79,925 19,981 79,925 Bedding and Linen 9.730 0 9,730 Laundry and Cleaning 20.850 5.213 20,850 Leased Vehicles 15,392 3,848 15,392 Food Contract 302.32 75.5131 302.325 Total Operating $606,450 $176,979 $606,430 Total Annual Cost $1.847.470, $704.61a 51.883.924 One-Time Charges Purchase of Van $13,100 Purchase of Beds and Linens 50,926 Laundry Facility 250,000 Construction 1,348.000 Total One-Time Charges $1.662.02§, 1995 Cost $2,366,644, $1,083,9261 Sources of Funding Non-Departmental Account $1,986.644 $154,123 Capital Improvement Program 380.000 0 General Fund Appropriation 0 1,229,803 Out-County Housing CI 500.000 Prepared by Budget Division 05/17/95 f the the seal L eroAs Pkterson, Coenty Otecutve / \Date Resolution 495146 May 25, 1995 Moved by Obrecht supported by Powers the Finance and Personnel and Planning and Building Committee Reports be accepted. A sufficient majority having voted therefor, the reports were accepted. Moved by Obrecht supported by Powers the resolution be adopted. Moved by Obrecht supported by Powers the resolution be amended to coincide with the Finance and Personnel Committee Report. A sufficient majority having voted therefor, the amendment carried. Moved by Kingzett supported by Obrecht the resolution be amended, as follows: * in the title, change the word "ADDITIONAL" to read "TEMPORARY"; and • in the NOW THEREFORE BE IT RESOLVED paragraph, change the words "to increase" to read "as temporary". A sufficient majority having voted therefor, the amendment carried. Discussion followed. Moved by Jacobs supported by Pernick to table the resolution. The Chairperson stated a "YES" vote would table the resolution; a "NO" vote would not. AYES: Pernick, Quarles, Holbert, Jacobs, Kaczmar, Kingzett. (6) NAYS: Law, McPherson, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Huntoon, Jensen, Johnson. (18) A sufficient majority not having voted therefor, the motion failed. Discussion followed, Vote on resolution, as amended: AYES: McPherson, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Huntoon, Jensen, Johnson, Kaczmar, Law. (19) NAYS: Pernick, Quarles, Holbert, Jacobs, Kingzett. (5) A sufficient majority having voted therefor, the resolution, as amended, was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND If 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 May 25, 1995 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixe County of Oakland at Pontiac, Michigan this 25th daykot2May 1 I HEREBSVPPF?OVE TWOREGOING\ROOLUTION II HERdpiM VETO 7NE FonF130ING REF L. Brooka Patteson. County Executive Date