HomeMy WebLinkAboutResolutions - 1997.09.25 - 25216September 25, 1997
MISCELLANEOUS RESOLUTION 497195
BY: FINANCE/PERSONNEL COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: OAKLAND COUNTY BOARD OF COMMISSIONERS -- LEGAL EXPENSE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, pursuant to the authority of MCL 691.1408, as implemented by Miscellaneous Resolution
#85339, as amended by Miscellaneous Resolution #86124, whenever a claim is made or a civil action
is commenced against an officer or employee of Oakland County for injuries to persons or property
caused by negligence of the officer or employee while acting in the course of employment and while
acting within the scope of their authority, the County shall pay for, engage or furnish the services of
an attorney to advise the officer or employee as to the claim and to appear for and represent the officer
or employee in the action; and
WHEREAS it necessary to defend a civil action initiated by Training and Treatment Innovations, Inc.,
a Michigan Non-Profit Corporation, against the County of Oakland, the Oakland County Board of
Commissioners, fifteen (15) Oakland County Commissioners, both individually and in their capacity
as a County Commissioners, and Oakland County Community Mental Health, and
WHEREAS, in this specific litigation, the Office of Corporation Counsel is unable to represent the
named Defendants due to conflict of interest principles; and
WHEREAS, MCL 49.73 requires the County employ an attorney to represent the Defendants when,
as here, the Corporation Counsel is unable to undertake representation; and
WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution #8082
requires that outside legal counsel shall be employed only through the office of Corporation Counsel
and approved by a majority vote of the members of the Board of Commissioners; and
WHEREAS Corporation Counsel has recommended the hiring of the law firm of Kohl, Seerest,
Wardle, Lynch, Clark & Hampton to defend Oakland County, its boards, commissions and agencies,
in this matter and has recommended the hiring of The Googasian Firm, PC, to represent the
individually named commissioners; and
WHEREAS the terms of the employment of these law firms shall include that William P. Hampton,
act as the principal attorney responsible for representing the County, its boards, commissions and
agencies, in this matter and that George A. Googasian shall act as the principal attorney representing
the individually named Commissioners.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners hereby approves the
hiring of the law firm of Kohl, Secrest, Wardle, Lynch, Clark & Hampton to defend Oakland County,
its boards, commissions and agencies, in this matter and approves the hiring of The Googasian Firm,
PC, to represent the individually named Commissioners, with the understanding that William P.
Hampton, shall act as the principal attorney responsible for representing the County, its boards,
commissions and agencies, in this matter and that George A. Googasian shall act as the principal
attorney representing the individually named Commissioners; and
BE IT FURTHER RESOLVED that Corporation Counsel is authorized to engage such representation
pursuant to established County policy and procedures and is authorized to pay William P. Hampton
and George Googasian $100.00 per billable hour for legal services personally rendered by them and
is authorized to pay $75.00 per billable hour for other attorneys of their respective firms.
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes an initial amount not to
exceed $75,000 for the employment of such outside legal counsel.
BE IT FURTHER RESOLVED that the Board of Commissioners appropriates $75,000 from the
Contingency for such purpose and transfers said amount from the Contingency Fund to Corporation
Counsel Legal Expense Item.
Chairperson, on behalf of the Finance/Personnel Committee, I move the adoption of the foregoing
resolution.
FINANCE/PERSONNEL COMMITTEE
Y AP1,54(NeTHE FOREGOING RES% iVN HERE
L. Brooks Pattetinn, County Executive
Resolution #97195 September 25, 1997
Moved by Douglas supported by Law the resolution be adopted.
Moved by Devine supported by Law the resolution be amended to add a fourth
BE IT FURTHER RESOLVED paragraph to read as follows:
BE IT FURTHER RESOLVED that full costs and attorney fees shall be sought
from Training and Treatment Innovations, Inc., in the event that said entity does
not prevail in its lawsuit.
A sufficient majority having voted therefor, the amendment carried.
Discussion followed.
Vote on resolution, as amended:
AYES: Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Millard, Moffitt, Obrecht, Pernick, Schmid, Taub, Wolf, Amos, Coleman,
Devine, Dingeldey, Douglas, Garfield, Huntoon. (22)
NAYS: Palmer, Holbert. (2)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
STATE OF MICHIGAN)
COUNTY OP 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 September 25, 1997 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 25th day of September 1997.
. Allen, County Clerk