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HomeMy WebLinkAboutResolutions - 1995.10.26 - 24618MISCELLANEOUS RESOLUTION # 95270 Date: October 26, 1995 BY: GENERAL GOVERNMENT COMMITTEE - KAY SCHMID, CHAIRPERSON IN RE: DISTRICT COURT- REQUEST TO HIRE OUTSIDE COUNSEL TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS MR. CHAIRPERSON, LADIES AND GENTLEMEN: WHEREAS an appeal of a contempt order issued by District Judge James P. Sheehy (52-3) was filed by the Oakland County Prosecutor's Office; and WHEREAS a 60 day extension in which to answer the appeal was given by the Prosecutor's Office to Judge Sheehy; and WHEREAS the Office of Corporation Counsel has declined representation based on conflict of interest and recommends initiating proceeding with outside legal counsel as per County procedure and policy; and WHEREAS the legal expense for the representation of Judge Sheehy's interest in this matter is estimated to be approximately $3500.00; and WHEREAS Miscellaneous Resolution #8082, adopted July 21, 1977 provides that outside legal counsel shall be employed only through the Office of Corporation Counsel and be approved by a majority vote of the members of the Board of Commissioners. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the hiring of outside legal counsel as approved by the Office of Corporation Counsel to represent Judge James P. Sheehy in Circuit Court appeal # 95- DA6423 AR pursuant to the policy established in Miscellaneous Resolution 448082. BE IT FURTHER RESOLVED that the General Government Committee recommends that an amount not to exceed $3,500.00 be appropriated. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Contingency Legal Expense $ (3,500) 3.50C 1===.1. . OCTOBER 26, 1995 FISCAL NOTE (WS0. #95270) BY: FINANCE AND PERSONNEL COMMITTEE, JOHN P. MCCULLOCH, CHAIRPERSON IN RE: DISTRICT COURT 52/3 REQUEST TO HIRE OUTSIDE COUNSEL TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution # 95 270 and finds: 1) The 52nd District Court 3rd Division has requested funding for outside legal counsel as per County procedure and policy. 2) The Office of Corporation Counsel has declined representation based on a conflict of interest. 3) The Oakland County Board of Commissioners approves the hiring of outside legal counsel as approved by the Office of Corporation Counsel to represent Judge James P. Sheehy pursuant to policy established in Miscellaneous Resolution #80$32. 4) The 1995 budget should be amended as specified below: Non-rDepartmental 4-10100-909-C1-00-9900 nlstrict Court Expense 4-10100-115-01-00-3105 ribusas AND PERSONNEL COMMITTEE Resolution #95270 October 26, 1995 Moved by Schmid supported by Obrecht the resolution be adopted. Moved by Devine supported by Obrecht the resolution be amended in the NOW THEREFORE BE IT RESOLVED paragraph to read as follows: NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the hiring of outside legal counsel in conkgrmance with the provisions of Miscellaneous Resolution #90016 ao approved by the office of Corperatien -Com4%ecl to represent Judge James P. Sheehy in Circuit Court Appeal #95-DA6423 AR pursuant to the policy established in Miscellaneous Resolution #8082. A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, 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 October 26, 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 26th day sf actobwk -199 fir Lyn , D. Allen, County Clerk a