HomeMy WebLinkAboutResolutions - 1998.09.03 - 25559September 3, 1998
MISCELLANEOUS RESOLUTION #98 209
BY: Public Services Committee, David L. Moffitt, Chairperson
IN RE: PROSECUTING ATTORNEY - REQUEST FOR PROFESSIONAL
SERVICES CONTRACT TO PERFORM EXPERT FRAUD ANALYSIS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS there is currently pending litigation between Oakland County and plaintiffs
regarding the disposition of up to $5 million of escrowed funds confiscated under the authority of
drug forfeiture laws; and
WHEREAS a critical element in determining the outcome of the pending litigation is a
financial analysis and review of operating results of each business entity related to this matter, a
net worth analysis of appropriate related parties, and expert witness testimony as necessary; and
WHEREAS the Prosecuting Attorney is desirous of entering into a professional services
contract with McTevia & Associates, Inc. at an estimated cost of $75,000 to provide the
aforementioned services; and
WHEREAS successful conclusion of the pending litigation would enable full recovery of
administrative expenses related to the forfeited funds, including the $75,000.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the Prosecuting Attorney to enter into a Professional Services
Contract with McTevia & Associates for an amount not to exceed $75,000 for the purposes of
preparing and providing expert witness testimony in a lawsuit involving confiscated property and
funds.
BE IT FURTHER RESOLVED that should the County prevail in the subject lawsuit, all
related administrative expenses incurred by the County and identified by the Department of
Management & Budget, including the $75,000 shall be reimbursed to the County's General
Fund.
Chairperson, on behalf of the Public Services Committee, I move approval of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
Public Services Committee Vote:
Motion carried on unanimous roll call vote with McPherson absent.
126,,
FISCAL NOTE (WISC. #98209) September 3, 1998
BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: PROSECUTING ATTORNEY - REQUEST FOR PROFESSIONAL SERVICES CONTRACT TO
PERFORM EXPERT FRAUD ANALYSIS
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance Committee has reviewed
the above referenced Resolution and finds:
1. There is pending litigation between Oakland County and plaintiffs
regarding the disposition of up to $5 million of funds in escrow
confiscated under drug forfeiture laws.
2. A critical element in determining the outcome of the pending
litigation is financial analysis; review of operating results and an
estimation of net worth of each party, as well as, expert witness
testimony as necessary.
3. The Prosecuting Attorney would like to enter into a professional
services contract with McTevia & Associates, Inc. at an estimated
cost of $75,000 to provide such services.
4. Funds are available in the General Fund Contingency to transfer to
the Office of the Prosecuting Attorney; Prosecuting Attorney
Administration, Operating Cost Account (OCA) under the Forfeitures
Program Cost Account (PCA) account.
5. Expenses will be monitored under a separate Project Number as a
successful conclusion of this pending litigation will result in full
reimbursement of these expenses.
6. The FY 1998 Adopted budget is amended as follows:
90-290000-25000-2564 Contingency $(75,000)
41-211000-30000-3348 Professional Services 75,000
$ _____2
FINE CE COMMITTEE
FINANCE COMMITTEE VOTE
Motion carried unanimously on a roll call vote.
AL
Resolution #98209 September 3, 1998
Moved by Moffitt supported by Taub the resolution be adopted.
AYES: Kaczmar, Kingzett, Law, McCulloch, Millard, Moffitt, Obrecht,
Palmer, Schmid, Taub, Amos, Coleman, Dingeldey, Douglas, Garfield, Gregory,
Hoffman, Holbert, Huntoon, Jacobs, Jensen, Johnson. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
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FOREGOING RESO,LtJT''.
Executive 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 September 3, 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 3rd day o(Apte 1998.
c_
LynA D. Allen, County Clerk