HomeMy WebLinkAboutResolutions - 1996.01.04 - 24749MISCELLANEOUS RESOLUTION #96001
BY: GENERAL GOVERNMENT COMMITTEE - KAY SCHMID, CHAIRPERSON
IN RE; BOARD OF COMMISSIONERS - OPPOSITION TO SUBSTITUTE HOUSE
BILL 5158 (H-2), COURT RESTRUCTURING
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the state legislature is considering Substitute House
Bill 5158 (H-2) which will dramatically alter the financial,
programmatic and structural operations of the local trial courts
funded by Oakland County; and
WHEREAS the current funding mechanisms contained in state law
as applied to the State Court Administrative Office, impose
significant funding inequities that unfavorably impact Oakland
County; and
WHEREAS an analysis conducted by Oakland County of Substitute
House Bill 5158 (H-2) indicates that Oakland County will be
unfavorably impacted by at least an estimated $4,9 million during
the f i rst year in which Substitute House Bill 5158 (H-2) is in
effect, thus increasing the inequities that already exist with
regard to current court funding; and
WHEREAS the economic impact in future years, although unknown
entirely due to the ambiguities in Substitute House Bill 5158 (H-
2), are likely to be more severe than the unfavorability estimated
in year one due to provisions in the legislation which indicate
that the vast majority of trial court expenses to be covered by the
state are subject to annual legislative appropriation; and
WHEREAS the reduction in revenue sharing paid to counties as
proposed by the state is unnecessary due to 1) the overstatement of
an estimated $28 million in state financial needs related to judges
salaries, retirement, and health care costs, and 2) an estimated $4
million overstatement of state financial needs related to juror
compensation costs; and
WHEREAS Substitute House Bill 5158 (H-2) will require a number
of programmatic and structural changes in the Courts and
Clerk/Register's Office which will have unfavorable consequences;
and
WHEREAS the Oakland County Clerk/Register and County Executive
also declare their opposition to Substitute House Bill 5158 (H-2).
NOW THEREFORE BE IT RESOLVED that due to the estimated $4.9
million unfavorable impact generated by Substitute House Bill 5158
(H-2), the Oakland County Board of Commissioners hereby declares
its opposition to Substitute House Bill 5158 (H-2) as currently
written, and requests that this proposed legislation be postponed,
and not reconsidered, until the following occurs:
1. Any proposed court reorganization and rstructuring
legislation includes economic assumptions and other
appropriate provisions that reflect a consensus
between the state and the counties involving the
financial and programmatic effects of such
legislation.
2. That any proposed court reorganization and
raatructuL2-ng legislation include provisions that
hold counties financially harmless with respect to
current and future court funding.
BE IT FURTHER RESOLVED that it is essential that any court
reform plan provide for the Lonatitut_iional recognition of the
state's obligation to fund court facilities, personnel, programs
and operations
BE IT FURTHER RESOLVED :hat copies of this resolution be
submitted to the state legislature, the Governor, Oakland COunty's
1egislative delegation, the Michigan Association of Counties and
all 82 counties in the state of Michigan.
Chairperson, on behalf of the General Government Committee, I
recommend adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
4
Resolution 496001 January 4, 1996
Moved by Schmid supported by Douglas the resolution be adopted.
Moved by McPherson supported by Pernick the resolution be postponed until
the second meeting ic February.
Discussion followed.
The Chairperson stated a "YES" vote would postpone and a "NO" vote would
not.
AYES: Jacobs, McPherson, Pernick, Quarles, Holbert. (5)
NAYS: Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, Moffitt, Palmer,
Powers, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield,
Huntoon. (19)
A sufficient majority not having voted therefor, the motion failed.
Discussion followed.
Vote on resolution:
AYES: Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, Moffitt, Palmer,
Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldcy,
Douglas, Garfield, Huntoon, Jacobs. (22)
NAYS: McPherson, Holbert. (2)
A sufficient majority having voted therefor, the resolution was adopted.
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Brooks P
THE FOREGO' !•.!Ti FE:U.)01110 1\i
s(-
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 January 4, 1996 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 4th day qf _Januar-y.7,1996,r-, _
D. Allen, County Clerk