HomeMy WebLinkAboutResolutions - 1998.04.23 - 25263ittee
April 23, 1998
MISCELLANEOUS RESOLUTION #98095
BY: Public Services Committee, David Moffitt, Chairperson
IN RE: COMMUNITY MENTAL HEALTH - RESOLUTION TO SECURE SEPARATE LEGAL COUNSEL
FOR THE COMMUNITY MENTAL HEALTH BOARD
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Community Mental Health Board is currently in
the process of planning for the possible transition of the Oakland County
Community Mental Health Board into the separate legal entity status of a
Community Mental Health Authority ("Authority"); and
WHEREAS the Oakland County Community Mental Health Board, in the event
same becomes such an Authority, will be required to enter into certain
agreements with the County of Oakland, such as leases for County buildings
that the Community Mental Health Board currently occupies, and service
agreements to retain some County services; and
WHEREAS the negotiation of these agreements, which should occur prior to
the creation of any such Authority so that the agreements are in place at the
time of the separation, will require the use of legal counsel for both the
County and the Community Mental Health Board; and
WHEREAS the Oakland County Department of Corporation Counsel, as the
County of Oakland's statutory civil counsel, will be required to represent the
County in these negotiations and therefore will not be able to concurrently
represent the Oakland County Community Mental Health Board; and
WHEREAS the operation of a Community Mental Health Authority by the
Oakland County Community Mental Health Board will require specialized legal
advice regarding labor and employment issues, Mental Health Code issues,
issues related to the Community Mental Health Board's transition to a Managed
Care environment, as well as issues related to the operation of a public body
that has separated from the County; and
WHEREAS the Oakland County Community Mental Health Board has proposed to
issue requests for information ("RFIs") to secure agreements for the legal
services described in this resolution, for use when conflicts of interest
arise and when the needs for specialized legal services arise.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the Oakland County Community Mental Health Board to
issue RFPs to secure the legal services described in this resolution.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
Public Services Committee Vote:
Motion carried on unanimous roll call vote
Resolution #98095 April 23, 1998
Moved by Moffitt supported by Palmer the resolution be adopted.
AYES: McPherson, Millard, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub,
Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Gregory, Holbert,
Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution 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 April 23, 1998 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 23rd daly of Apr . 9>s 145
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D. Allen, County Clerk